Common use of Repayment of Participation Advances Clause in Contracts

Repayment of Participation Advances. (a) Upon (and only upon) receipt by Agent or Issuer for its account of immediately available funds from Borrowers (i) in reimbursement of any payment made by the Issuer as Issuer under the Letter of Credit with respect to which any Revolving Lender has made a Participation Advance to Issuer, or (ii) in payment of interest on such a payment made by Issuer or Agent under such a Letter of Credit, Agent or Issuer, as applicable, will pay to each Revolving Lender, in the same funds as those received by Agent or Issuer, the amount of such Revolving Lender’s Revolving Commitment Percentage of such funds, except Agent or Issuer shall retain the amount of the Revolving Commitment Percentage of such funds of any Revolving Lender that did not make a Participation Advance in respect of such payment by Agent or Issuer. Upon (and only upon) receipt by Agent or Issuer for its account of immediately available funds from Borrowers (i) in reimbursement of any payment made by the Issuer as Issuer under the WTC Letter of Credit with respect to which any L/C Commitment Lender has made a L/C Participation Advance to Issuer, or (ii) in payment of interest on such a payment made by Issuer or Agent under such WTC Letter of Credit, Agent or Issuer, as applicable, will pay to each L/C Commitment Lender, in the same funds as those received by Agent or Issuer, the amount of such L/C Commitment Lender’s L/C Commitment Percentage of such funds, except Agent or Issuer shall retain the amount of the L/C Commitment Percentage of such funds of any L/C Commitment Lender that did not make a L/C Participation Advance in respect of such payment by Agent or Issuer. Upon (and only upon) receipt by Agent or Issuer for its account of immediately available funds from Borrowers (i) in reimbursement of any payment made by the Issuer as Issuer under the Roll-Up Letter of Credit with respect to which any Roll-Up Lender has made a Roll-Up Participation Advance to Issuer, or (ii) in payment of interest on such a payment made by Issuer or Agent under such a Roll-Up Letter of Credit, Agent or Issuer, as applicable, will pay to each Roll-Up Lender, in the same funds as those received by Agent or Issuer, the amount of such Roll-Up Lender’s Roll-Up Commitment Percentage of such funds, except Agent or Issuer shall retain the amount of the Roll-Up Commitment Percentage of such funds of any Roll-Up Lender that did not make a Roll-Up Participation Advance in respect of such payment by Agent or Issuer.

Appears in 2 contracts

Samples: Credit and Security Agreement, Credit and Security Agreement

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Repayment of Participation Advances. (a) Upon (and only upon) receipt by Administrative Agent or Issuer for its the account of Issuing Bank of immediately available funds from U.S. Borrowers (i) in reimbursement of any payment made by the Issuer as Issuer Issuing Bank or Administrative Agent under the Letter of Credit with respect to which any Revolving Lender has made a Participation Advance to IssuerAdministrative Agent, or (ii) in payment of interest on such a payment made by Issuer Issuing Bank or Administrative Agent under such a Letter of Credit, Administrative Agent or Issuer, as applicable, will pay to each Revolving LenderLender holding a Commitment, in the same funds as those received by Agent or IssuerAdministrative Agent, the amount of such Revolving Lender’s Revolving Commitment Applicable Percentage of such funds, except Administrative Agent or Issuer shall retain the amount of the Revolving Commitment Applicable Percentage of such funds of any Revolving Lender holding a Commitment that did not make a Participation Advance in respect of such payment by Administrative Agent (and, to the extent that any of the other Lender(s) holding the Commitment have funded any portion of such Defaulting Lender’s Participation Advance in accordance with the provisions of Section 2.20, Administrative Agent will pay over to such non-Defaulting Lenders a pro rata portion of the funds so withheld from such Defaulting Lender). If Issuing Bank or Issuer. Upon (and only upon) receipt Administrative Agent is required at any time to return to any such Borrower, or to a trustee, receiver, liquidator, custodian, or any official in any insolvency proceeding, any portion of the payments made by such Borrowers to Issuing Bank or Administrative Agent or Issuer for its account of immediately available funds from Borrowers (ipursuant to Section 2.06(e) in reimbursement of any a payment made by the Issuer as Issuer under the WTC Letter of Credit with respect or interest or fee thereon, each applicable Lender shall, on demand of Administrative Agent, forthwith return to which any L/C Commitment Lender has made a L/C Participation Advance to Issuer, Issuing Bank or (ii) in payment of interest on such a payment made by Issuer or Administrative Agent under such WTC Letter of Credit, Agent or Issuer, as applicable, will pay to each L/C Commitment Lender, in the same funds as those received by Agent or Issuer, the amount of such L/C Commitment Lender’s L/C Commitment its Applicable Percentage of such funds, except any amounts so returned by Issuing Bank or Administrative Agent or Issuer shall retain plus interest at the amount of the L/C Commitment Percentage of such funds of any L/C Commitment Lender that did not make a L/C Participation Advance in respect of such payment by Agent or Issuer. Upon (and only upon) receipt by Agent or Issuer for its account of immediately available funds from Borrowers (i) in reimbursement of any payment made by the Issuer as Issuer under the Roll-Up Letter of Credit with respect to which any Roll-Up Lender has made a Roll-Up Participation Advance to Issuer, or (ii) in payment of interest on such a payment made by Issuer or Agent under such a Roll-Up Letter of Credit, Agent or Issuer, as applicable, will pay to each Roll-Up Lender, in the same funds as those received by Agent or Issuer, the amount of such Roll-Up Lender’s Roll-Up Commitment Percentage of such funds, except Agent or Issuer shall retain the amount of the Roll-Up Commitment Percentage of such funds of any Roll-Up Lender that did not make a Roll-Up Participation Advance in respect of such payment by Agent or IssuerFederal Funds Effective Rate.

Appears in 2 contracts

Samples: Credit Agreement (Designer Brands Inc.), Credit Agreement (American Eagle Outfitters Inc)

Repayment of Participation Advances. (a) Upon (and only upon) receipt by Agent or Issuer the LC Bank for its account of immediately available funds from Borrowers (i) or for the account of the Seller in reimbursement of any payment made by the Issuer as Issuer LC Bank under the a Letter of Credit with respect to which any Revolving Lender LC Participant has made a Participation Advance participation advance to Issuerthe LC Bank, the LC Bank (or (iithe Administrator on its behalf) in payment of interest on such a payment made by Issuer or Agent under such a Letter of Credit, Agent or Issuer, as applicable, will pay to each Revolving LenderLC Participant, ratably (based on the outstanding drawn amounts funded by each such LC Participant in respect of such Letter of Credit), in the same funds as those received by Agent or Issuerthe LC Bank; it being understood, that the LC Bank shall retain a ratable amount of such Revolving Lender’s Revolving Commitment Percentage of such funds, except Agent or Issuer shall retain funds that were not the amount of the Revolving Commitment Percentage of such funds subject of any Revolving Lender that did not make a Participation Advance payment in respect of such payment Letter of Credit by Agent any LC Participant. (b) If the LC Bank is required at any time to return to the Seller, or Issuer. Upon (and only upon) receipt to a trustee, receiver, liquidator, custodian, or any official in any Insolvency Proceeding, any portion of the payments made by Agent or Issuer for its account of immediately available funds from Borrowers (i) the Seller to the LC Bank pursuant to this Agreement in reimbursement of any a payment made by the Issuer as Issuer under the WTC Letter of Credit with respect or interest or fee thereon, each LC Participant shall, on demand of the LC Bank, forthwith return to which the LC Bank the amount of its Pro Rata Share of any L/C Commitment Lender has amounts so returned by the LC Bank plus interest at the Overnight Bank Funding Rate, from the date the payment was first made a L/C Participation Advance to Issuersuch LC Participant through, or but not including, the date the payment is returned by such LC Participant. (iic) in payment If any Letters of interest Credit are outstanding and undrawn on such a payment made by Issuer or Agent under such WTC Letter of Creditthe Termination Date, Agent or Issuer, as applicable, will pay to each L/C Commitment Lenderthe LC Collateral Account shall be funded from Collections (or, in the same Seller’s sole discretion, by other funds as those received by Agent or Issuer, available to the Seller) in an amount equal to the Dollar Equivalent of the aggregate undrawn face amount of such L/C Commitment Lender’s L/C Commitment Percentage Letters of Credit plus the Dollar Equivalent of all related fees to accrue through the stated expiration dates thereof (such fundsfees to accrue, except Agent or Issuer shall retain the amount of the L/C Commitment Percentage of such funds of any L/C Commitment Lender that did not make a L/C Participation Advance in respect of such payment by Agent or Issuer. Upon (and only upon) receipt by Agent or Issuer for its account of immediately available funds from Borrowers (i) in reimbursement of any payment made as reasonably estimated by the Issuer as Issuer under the Roll-Up Letter of Credit with respect to which any Roll-Up Lender has made a Roll-Up Participation Advance to Issuer, or (ii) in payment of interest on such a payment made by Issuer or Agent under such a Roll-Up Letter of Credit, Agent or Issuer, as applicable, will pay to each Roll-Up Lender, in the same funds as those received by Agent or IssuerLC Bank, the amount of such Roll-Up Lender’s Roll-Up Commitment Percentage of such funds, except Agent or Issuer shall retain the amount of the Roll-Up Commitment Percentage of such funds of any Roll-Up Lender that did not make a Roll-Up Participation Advance in respect of such payment by Agent or Issuer.“LC Fee Expectation”). Section 1.18

Appears in 1 contract

Samples: Receivables Purchase Agreement (Avantor, Inc.)

Repayment of Participation Advances. (a) Upon (and only upon) receipt by Agent or for the account of Issuer for its account of immediately available funds in Dollars from Borrowers (i) in reimbursement of any payment made by the Issuer as Issuer or Agent under the Letter of Credit with respect to which any Revolving Lender Xxxxxx has made a Participation Advance to IssuerAgent, or (ii) in payment of interest on such a payment made by Issuer or Agent under such a Letter of Credit, Agent or Issuer, as applicable, will pay to each Lender holding a Revolving LenderCommitment, in the same funds as those received by Agent or IssuerAgent, the amount of such Revolving Lender’s Xxxxxx's Revolving Commitment Percentage of such funds, except Agent or Issuer shall retain the amount of the Revolving Commitment Percentage of such funds of any Lender holding a Revolving Lender Commitment that did not make a Participation Advance in respect of such payment by Agent (and, to the extent that any of the other Lender(s) holding the Revolving Commitment have funded any portion such Defaulting Lender's Participation Advance in accordance with the provisions of Section 2.22, Agent will pay over to such Non-Defaulting Lenders a pro rata portion of the funds so withheld from such Defaulting Lender). If Issuer or Issuer. Upon (and only upon) receipt Agent is required at any time to return to any Borrower, or to a trustee, receiver, liquidator, custodian, or any official in any insolvency proceeding, any portion of the payments made by Borrowers to Issuer or Agent or Issuer for its account of immediately available funds from Borrowers (ipursuant to Section 2.15(a) in reimbursement of any a payment made by the Issuer as Issuer under the WTC Letter of Credit with respect or interest or fee thereon, each applicable Lender shall, on demand of Agent, forthwith return to which Issuer or Agent the amount of its Revolving Commitment Percentage of the Dollar Equivalent of any L/C Commitment Lender has made a L/C Participation Advance to Issuer, or (ii) in payment of interest on such a payment made amounts so returned by Issuer or Agent under such WTC Letter of Credit, Agent or Issuer, as applicable, will pay to each L/C Commitment Lender, in plus interest at the same funds as those received by Agent or Issuer, the amount of such L/C Commitment Lender’s L/C Commitment Percentage of such funds, except Agent or Issuer shall retain the amount of the L/C Commitment Percentage of such funds of any L/C Commitment Lender that did not make a L/C Participation Advance in respect of such payment by Agent or Issuer. Upon (and only upon) receipt by Agent or Issuer for its account of immediately available funds from Borrowers (i) in reimbursement of any payment made by the Issuer as Issuer under the Roll-Up Letter of Credit with respect to which any Roll-Up Lender has made a Roll-Up Participation Advance to Issuer, or (ii) in payment of interest on such a payment made by Issuer or Agent under such a Roll-Up Letter of Credit, Agent or Issuer, as applicable, will pay to each Roll-Up Lender, in the same funds as those received by Agent or Issuer, the amount of such Roll-Up Lender’s Roll-Up Commitment Percentage of such funds, except Agent or Issuer shall retain the amount of the Roll-Up Commitment Percentage of such funds of any Roll-Up Lender that did not make a Roll-Up Participation Advance in respect of such payment by Agent or IssuerFederal Funds Effective Rate.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Great Lakes Dredge & Dock CORP)

Repayment of Participation Advances. (a) Upon (and only upon) receipt by Administrative Agent or Issuer for its the account of Issuing Bank of immediately available funds from U.S. Borrowers (i) in reimbursement of any payment made by the Issuer as Issuer Issuing Bank or Administrative Agent under the Letter of Credit with respect to which any Revolving Lender has made a Participation Advance to IssuerAdministrative Agent, or (ii) in payment of interest on such a payment made by Issuer Issuing Bank or Administrative Agent under such a Letter of Credit, Administrative Agent or Issuer, as applicable, will pay to each Revolving LenderLender holding a Commitment, in the same funds as those received by Agent or IssuerAdministrative Agent, the amount of such Revolving Lender’s Revolving Commitment Applicable Percentage of such funds, except Administrative Agent or Issuer shall retain the amount of the Revolving Commitment Applicable Percentage of such funds of any Revolving Lender holding a Commitment that did not make a Participation Advance in respect of such payment by Administrative Agent (and, to the extent that any of the other Lender(s) holding the Commitment have funded any portion of such Defaulting Lender’s Participation Advance in accordance with the provisions of Section 2.20, Administrative Agent will pay over to such non-Defaulting Lenders a pro rata portion of the funds so withheld from such Defaulting Lender). If Issuing Bank or Issuer. Upon (and only upon) receipt Administrative Agent is required at any time to return to any such Borrower, or to a trustee, receiver, liquidator, custodian, or any official in any insolvency proceeding, any portion of the payments made by such Borrowers to Issuing Bank or Administrative Agent or Issuer for its account of immediately available funds from Borrowers (ipursuant to Section 2.06(e) in reimbursement of any a payment made by the Issuer as Issuer under the WTC Letter of Credit with respect or interest or fee thereon, each applicable Lender shall, on demand of Administrative Agent, forthwith return to which any L/C Commitment Lender has made a L/C Participation Advance to Issuer, Issuing Bank or (ii) in payment of interest on such a payment made by Issuer or Administrative Agent under such WTC Letter of Credit, Agent or Issuer, as applicable, will pay to each L/C Commitment Lender, in the same funds as those received by Agent or Issuer, the amount of such L/C Commitment Lender’s L/C Commitment its Applicable Percentage of such funds, except any amounts so returned by Issuing Bank or Administrative Agent or Issuer shall retain plus interest at the amount of the L/C Commitment Percentage of such funds of any L/C Commitment Lender that did not make a L/C Participation Advance in respect of such payment by Agent or IssuerFed Funds Rate. Upon (and only upon) receipt by Agent or Issuer for its account of immediately available funds from Borrowers (i) in reimbursement of any payment made by the Issuer as Issuer under the Roll-Up Letter of Credit with respect to which any Roll-Up Lender has made a Roll-Up Participation Advance to Issuer, or (ii) in payment of interest on such a payment made by Issuer or Agent under such a Roll-Up Letter of Credit, Agent or Issuer, as applicable, will pay to each Roll-Up Lender, in the same funds as those received by Agent or Issuer, the amount of such Roll-Up Lender’s Roll-Up Commitment Percentage of such funds, except Agent or Issuer shall retain the amount of the Roll-Up Commitment Percentage of such funds of any Roll-Up Lender that did not make a Roll-Up Participation Advance in respect of such payment by Agent or Issuer.f)

Appears in 1 contract

Samples: Credit Agreement (Designer Brands Inc.)

Repayment of Participation Advances. (a) Upon (and only upon) receipt by Administrative Agent or Issuer for its the account of Issuing Bank of immediately available funds from U.S. Borrowers (i) in reimbursement of any payment made by the Issuer as Issuer Issuing Bank or Administrative Agent under the Letter of Credit with respect to which any Revolving Lender has made a Participation Advance to IssuerAdministrative Agent, or (ii) in payment of interest on such a payment made by Issuer Issuing Bank or Administrative Agent under such a Letter of Credit, Administrative Agent or Issuer, as applicable, will pay to each Revolving LenderLender holding a Revolving Commitment, in the same funds as those received by Agent or IssuerAdministrative Agent, the amount of such Revolving Lender’s Revolving Commitment Applicable Percentage of such funds, except Administrative Agent or Issuer shall retain the amount of the Revolving Commitment Applicable Percentage of such funds of any Revolving Lender holding a Revolving Commitment that did not make a Participation Advance in respect of such payment by Administrative Agent (and, to the extent that any of the other Revolving Lender(s) holding the Revolving Commitment have funded any portion of such Defaulting Lender’s Participation Advance in accordance with the provisions of Section 2.20, Administrative Agent will pay over to such non-Defaulting Lenders a pro rata portion of the funds so withheld from such Defaulting Lender). If Issuing Bank or Issuer. Upon (and only upon) receipt Administrative Agent is required at any time to return to any such Borrower, or to a trustee, receiver, liquidator, custodian, or any official in any insolvency proceeding, any portion of the payments made by such Borrowers to Issuing Bank or Administrative Agent or Issuer for its account of immediately available funds from Borrowers (ipursuant to Section 2.06(e) in reimbursement of any a payment made by the Issuer as Issuer under the WTC Letter of Credit with respect or interest or fee thereon, each applicable Revolving Lender shall, on demand of Administrative Agent, forthwith return to which any L/C Commitment Lender has made a L/C Participation Advance to Issuer, Issuing Bank or (ii) in payment of interest on such a payment made by Issuer or Administrative Agent under such WTC Letter of Credit, Agent or Issuer, as applicable, will pay to each L/C Commitment Lender, in the same funds as those received by Agent or Issuer, the amount of such L/C Commitment Lender’s L/C Commitment Percentage of such funds, except Agent or Issuer shall retain the amount of the L/C Commitment Percentage of such funds of any L/C Commitment Lender that did not make a L/C Participation Advance in respect of such payment by Agent or Issuer. Upon (and only upon) receipt by Agent or Issuer for its account of immediately available funds from Borrowers (i) in reimbursement of any payment made by the Issuer as Issuer under the Roll-Up Letter of Credit with respect to which any Roll-Up Lender has made a Roll-Up Participation Advance to Issuer, or (ii) in payment of interest on such a payment made by Issuer or Agent under such a Roll-Up Letter of Credit, Agent or Issuer, as applicable, will pay to each Roll-Up Lender, in the same funds as those received by Agent or Issuer, the amount of such Roll-Up Lender’s Roll-Up Commitment Percentage of such funds, except Agent or Issuer shall retain the amount of the Roll-Up Commitment Percentage of such funds of any Roll-Up Lender that did not make a Roll-Up Participation Advance in respect of such payment by Agent or Issuer.its

Appears in 1 contract

Samples: Credit Agreement (Designer Brands Inc.)

Repayment of Participation Advances. (a) Upon (and only upon) receipt by the Revolving/TLA Administrative Agent or Issuer for its the account of an Issuing Lender of immediately available funds from Borrowers the Borrower (i) in reimbursement of any payment made by the Issuer as Issuer such Issuing Lender under the Letter of Credit with respect to which any Revolving Lender has made a payment to the Revolving/TLA Administrative Agent for the account of such Issuing Lender pursuant to this Section 2.9.4 (each such payment by a Revolving Lender, a “Participation Advance Advance”) to Issuerthe Revolving/TLA Administrative Agent, or (ii) in payment of interest on such a payment made by Issuer or Agent such Issuing Lender under such a Letter of Credit, the Revolving/TLA Administrative Agent or Issuer, as applicable, on behalf of such Issuing Lender will pay to each Revolving Lender, in the same funds as those received by Agent or Issuerthe Revolving/TLA Administrative Agent, the amount of such Revolving Lender’s Revolving Commitment Percentage Ratable Share of such funds, except the Revolving/TLA Administrative Agent or Issuer shall retain for the account of such Issuing Lender the amount of the Revolving Commitment Percentage Ratable Share of such funds of any Revolving Lender that did not make a Participation Advance in respect of such payment by such Issuing Lender. If an Issuing Lender or the Revolving/TLA Administrative Agent is required at any time to return to any Loan Party, or Issuer. Upon (and only upon) receipt by Agent to a trustee, receiver, liquidator, custodian, or Issuer for its account of immediately available funds from Borrowers (i) any official in reimbursement any Insolvency Proceeding, any portion of any payment made by any Loan Party to the Issuer as Issuer Revolving/TLA Administrative Agent for the account of the Issuing Lender pursuant to this Section in reimbursement of a payment made under the WTC any Letter of Credit with respect to which any Lor interest or fees thereon, each Revolving Lender shall, on demand of the Revolving/C Commitment Lender has made a L/C Participation Advance to Issuer, or (ii) in payment of interest on such a payment made by Issuer or Agent under such WTC Letter of Credit, TLA Administrative Agent or Issuer, as applicable, will pay to each L/C Commitment such Issuing Lender, in forthwith return to the same funds as those received by Revolving/TLA Administrative Agent or Issuer, for the account of such Issuing Lender the amount of such L/C Commitment Lender’s L/C Commitment Percentage of such funds, except Agent or Issuer shall retain the amount of the L/C Commitment Percentage of such funds its Ratable Share of any L/C Commitment Lender that did not make a L/C Participation Advance in respect of such payment by Agent or Issuer. Upon (and only upon) receipt by Agent or Issuer for its account of immediately available funds from Borrowers (i) in reimbursement of any payment made amounts so returned by the Issuer as Issuer under Revolving/TLA Administrative Agent plus interest thereon from the Roll-Up Letter of Credit with respect date such demand is made to which any Roll-Up the date such amounts are returned by such Revolving Lender has made to the Revolving/TLA Administrative Agent, at a Roll-Up Participation Advance rate per annum equal to Issuer, or (ii) the Federal Funds Effective Rate in payment of interest on such a payment made by Issuer or Agent under such a Roll-Up Letter of Credit, Agent or Issuer, as applicable, will pay effect from time to each Roll-Up Lender, in the same funds as those received by Agent or Issuer, the amount of such Roll-Up Lender’s Roll-Up Commitment Percentage of such funds, except Agent or Issuer shall retain the amount of the Roll-Up Commitment Percentage of such funds of any Roll-Up Lender that did not make a Roll-Up Participation Advance in respect of such payment by Agent or Issuertime.

Appears in 1 contract

Samples: Credit Agreement (CONSOL Energy Inc.)

Repayment of Participation Advances. (a) Upon (and only upon) receipt by Administrative Agent or Issuer for its the account of Issuing Bank of immediately available funds from Borrowers (i) in reimbursement of any payment made by the Issuer as Issuer Issuing Bank or Administrative Agent under the Letter of Credit with respect to which any Revolving Lender Xxxxxx has made a Participation Advance to IssuerAdministrative Agent, or (ii) in payment of interest on such a payment made by Issuer Issuing Bank or Administrative Agent under such a Letter of Credit, Administrative Agent or Issuer, as applicable, will pay to each Revolving LenderLender holding a Commitment, in the same funds as those received by Agent or IssuerAdministrative Agent, the amount of such Revolving Lender’s Revolving Commitment Applicable Percentage of such funds, except Administrative Agent or Issuer shall retain the amount of the Revolving Commitment Applicable Percentage of such funds of any Revolving Lender holding a Commitment that did not make a Participation Advance in respect of such payment by Administrative Agent (and, to the extent that any of the other Lender(s) holding the Commitment have funded any portion of such Defaulting Lender’s Participation Advance in accordance with the provisions of Section 2.20, Administrative Agent will pay over to such non-Defaulting Lenders a pro rata portion of the funds so withheld from such Defaulting Lender). If Issuing Bank or Issuer. Upon (and only upon) receipt Administrative Agent is required at any time to return to any such Borrower, or to a trustee, receiver, liquidator, custodian, or any official in any insolvency proceeding, any portion of the payments made by such Borrowers to Issuing Bank or Administrative Agent or Issuer for its account of immediately available funds from Borrowers (ipursuant to Section 2.06(e) in reimbursement of any a payment made by the Issuer as Issuer under the WTC Letter of Credit with respect or interest or fee thereon, each applicable Lender shall, on demand of Administrative Agent, forthwith return to which any L/C Commitment Lender has made a L/C Participation Advance to Issuer, Issuing Bank or (ii) in payment of interest on such a payment made by Issuer or Administrative Agent under such WTC Letter of Credit, Agent or Issuer, as applicable, will pay to each L/C Commitment Lender, in the same funds as those received by Agent or Issuer, the amount of such L/C Commitment Lender’s L/C Commitment its Applicable Percentage of such funds, except any amounts so returned by Issuing Bank or Administrative Agent or Issuer shall retain plus interest at the amount of the L/C Commitment Percentage of such funds of any L/C Commitment Lender that did not make a L/C Participation Advance in respect of such payment by Agent or IssuerOvernight Bank Funding Rate. Upon (and only upon) receipt by Agent or Issuer for its account of immediately available funds from Borrowers (i) in reimbursement of any payment made by the Issuer as Issuer under the Roll-Up Letter of Credit with respect to which any Roll-Up Lender has made a Roll-Up Participation Advance to Issuer, or (ii) in payment of interest on such a payment made by Issuer or Agent under such a Roll-Up Letter of Credit, Agent or Issuer, as applicable, will pay to each Roll-Up Lender, in the same funds as those received by Agent or Issuer, the amount of such Roll-Up Lender’s Roll-Up Commitment Percentage of such funds, except Agent or Issuer shall retain the amount of the Roll-Up Commitment Percentage of such funds of any Roll-Up Lender that did not make a Roll-Up Participation Advance in respect of such payment by Agent or Issuer.f)

Appears in 1 contract

Samples: Credit Agreement (Big Lots Inc)

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Repayment of Participation Advances. (a) Upon (and only upon) receipt by Agent or for the account of Issuer for its account of immediately available funds from Borrowers (i) in reimbursement of any payment made by the Issuer as Issuer or Agent under the Letter of Credit with respect to which any Revolving Lender has made a Participation Advance to IssuerAgent, or (ii) in payment of interest on such a payment made by Issuer or Agent under such a Letter of Credit, Agent or Issuer, as applicable, will pay to each Lender holding a Revolving LenderCommitment, in the same funds as those received by Agent or IssuerAgent, the amount of such Revolving Lender’s Revolving Commitment Percentage of such funds, except Agent or Issuer shall retain the amount of the Revolving Commitment Percentage of such funds of any Lender holding a Revolving Lender Commitment that did not make a Participation Advance in respect of such payment by Agent (and, to the extent that any of the other Lender(s) holding the Revolving Commitment have funded any portion such Defaulting Lender’s Participation Advance in accordance with the provisions of Section 2.22, Agent will pay over to such Non-Defaulting Lenders a pro rata portion of the funds so withheld from such Defaulting Lender). (b) If Issuer or Issuer. Upon (and only upon) receipt Agent is required at any time to return to any Borrower, or to a trustee, receiver, liquidator, custodian, or any official in any insolvency proceeding, any portion of the payments made by Borrowers to Issuer or Agent or Issuer for its account of immediately available funds from Borrowers (ipursuant to Section 2.15(a) in reimbursement of any a payment made by the Issuer as Issuer under the WTC Letter of Credit with respect or interest or fee thereon, each applicable Lender shall, on demand of Agent, forthwith return to which Issuer or Agent the amount of its Revolving Commitment Percentage of any L/C Commitment Lender has made a L/C Participation Advance to Issuer, or (ii) in payment of interest on such a payment made amounts so returned by Issuer or Agent under such WTC Letter of Credit, Agent or Issuer, as applicable, will pay to each L/C Commitment Lender, in plus interest at the same funds as those received by Agent or Issuer, the amount of such L/C Commitment Lender’s L/C Commitment Percentage of such funds, except Agent or Issuer shall retain the amount of the L/C Commitment Percentage of such funds of any L/C Commitment Lender that did not make a L/C Participation Advance in respect of such payment by Agent or IssuerEffective Federal Funds Rate. Upon (and only upon) receipt by Agent or Issuer for its account of immediately available funds from Borrowers (i) in reimbursement of any payment made by the Issuer as Issuer under the Roll-Up Letter of Credit with respect to which any Roll-Up Lender has made a Roll-Up Participation Advance to Issuer, or (ii) in payment of interest on such a payment made by Issuer or Agent under such a Roll-Up Letter of Credit, Agent or Issuer, as applicable, will pay to each Roll-Up Lender, in the same funds as those received by Agent or Issuer, the amount of such Roll-Up Lender’s Roll-Up Commitment Percentage of such funds, except Agent or Issuer shall retain the amount of the Roll-Up Commitment Percentage of such funds of any Roll-Up Lender that did not make a Roll-Up Participation Advance in respect of such payment by Agent or Issuer.2.16

Appears in 1 contract

Samples: Credit and Security Agreement (Virco MFG Corporation)

Repayment of Participation Advances. (a) Upon (and only upon) receipt by Administrative Agent or Issuer for its the account of Issuing Bank of immediately available funds from U.S. Borrowers (i) in reimbursement of any payment made by the Issuer as Issuer Issuing Bank or Administrative Agent under the Letter of Credit with respect to which any Revolving Lender has made a Participation Advance to IssuerAdministrative Agent, or (ii) in payment of interest on such a payment made by Issuer Issuing Bank or Administrative Agent under such a Letter of Credit, Administrative Agent or Issuer, as applicable, will pay to each Revolving LenderLender holding a Revolving Commitment, in the same funds as those received by Agent or IssuerAdministrative Agent, the amount of such Revolving Lender’s Revolving Commitment Applicable Percentage of such funds, except Administrative Agent or Issuer shall retain the amount of the Revolving Commitment Applicable Percentage of such funds of any Revolving Lender holding a Revolving Commitment that did not make a Participation Advance in respect of such payment by Administrative Agent (and, to the extent that any of the other Revolving Lender(s) holding the Revolving Commitment have funded any portion of such Defaulting Lender’s Participation Advance in accordance with the provisions of Section 2.20, Administrative Agent will pay over to such non-Defaulting Lenders a pro rata portion of the funds so withheld from such Defaulting Lender). If Issuing Bank or Issuer. Upon (and only upon) receipt Administrative Agent is required at any time to return to any such Borrower, or to a trustee, receiver, liquidator, custodian, or any official in any insolvency proceeding, any portion of the payments made by such Borrowers to Issuing Bank or Administrative Agent or Issuer for its account of immediately available funds from Borrowers (ipursuant to Section 2.06(e) in reimbursement of any a payment made by the Issuer as Issuer under the WTC Letter of Credit with respect or interest or fee thereon, each applicable Revolving Lender shall, on demand of Administrative Agent, forthwith return to which any L/C Commitment Lender has made a L/C Participation Advance to Issuer, Issuing Bank or (ii) in payment of interest on such a payment made by Issuer or Administrative Agent under such WTC Letter of Credit, Agent or Issuer, as applicable, will pay to each L/C Commitment Lender, in the same funds as those received by Agent or Issuer, the amount of such L/C Commitment Lender’s L/C Commitment its Applicable Percentage of such funds, except any amounts so returned by Issuing Bank or Administrative Agent or Issuer shall retain plus interest at the amount of the L/C Commitment Percentage of such funds of any L/C Commitment Lender that did not make a L/C Participation Advance in respect of such payment by Agent or IssuerFed Funds Rate. Upon (and only upon) receipt by Agent or Issuer for its account of immediately available funds from Borrowers (i) in reimbursement of any payment made by the Issuer as Issuer under the Roll-Up Letter of Credit with respect to which any Roll-Up Lender has made a Roll-Up Participation Advance to Issuer, or (ii) in payment of interest on such a payment made by Issuer or Agent under such a Roll-Up Letter of Credit, Agent or Issuer, as applicable, will pay to each Roll-Up Lender, in the same funds as those received by Agent or Issuer, the amount of such Roll-Up Lender’s Roll-Up Commitment Percentage of such funds, except Agent or Issuer shall retain the amount of the Roll-Up Commitment Percentage of such funds of any Roll-Up Lender that did not make a Roll-Up Participation Advance in respect of such payment by Agent or Issuer.f)

Appears in 1 contract

Samples: Credit Agreement (Designer Brands Inc.)

Repayment of Participation Advances. (a) Upon (and only upon) receipt by Administrative Agent or Issuer for its the account of Issuing Bank of immediately available funds from Borrowers (i) in reimbursement of any payment made by the Issuer as Issuer Issuing Bank or Administrative Agent under the Letter of Credit with respect to which any Revolving Lender Xxxxxx has made a Participation Advance to IssuerAdministrative Agent, or (ii) in payment of interest on such a payment made by Issuer Issuing Bank or Administrative Agent under such a Letter of Credit, Administrative Agent or Issuer, as applicable, will pay to each Revolving LenderLender holding a Commitment, in the same funds as those received by Agent or IssuerAdministrative Agent, the amount of such Revolving Lender’s Revolving Commitment Applicable Percentage of such funds, except Administrative Agent or Issuer shall retain the amount of the Revolving Commitment Applicable Percentage of such funds of any Revolving Lender holding a Commitment that did not make a Participation Advance in respect of such payment by Administrative Agent (and, to the extent that any of the other Lender(s) holding the Commitment have funded any portion of such Defaulting Lender’s Participation Advance in accordance with the provisions of Section 2.20, Administrative Agent will pay over to such non-Defaulting Lenders a pro rata portion of the funds so withheld from such Defaulting Lender). If Issuing Bank or Issuer. Upon (and only upon) receipt Administrative Agent is required at any time to return to any such Borrower, or to a trustee, receiver, liquidator, custodian, or any official in any insolvency proceeding, any portion of the payments made by such Borrowers to Issuing Bank or Administrative Agent or Issuer for its account of immediately available funds from Borrowers (ipursuant to Section 2.06(e) in reimbursement of any a payment made by the Issuer as Issuer under the WTC Letter of Credit with respect or interest or fee thereon, each applicable Lender shall, on demand of Administrative Agent, forthwith return to which any L/C Commitment Lender has made a L/C Participation Advance to Issuer, Issuing Bank or (ii) in payment of interest on such a payment made by Issuer or Administrative Agent under such WTC Letter of Credit, Agent or Issuer, as applicable, will pay to each L/C Commitment Lender, in the same funds as those received by Agent or Issuer, the amount of such L/C Commitment Lender’s L/C Commitment its Applicable Percentage of such funds, except any amounts so returned by Issuing Bank or Administrative Agent or Issuer shall retain plus interest at the amount of the L/C Commitment Percentage of such funds of any L/C Commitment Lender that did not make a L/C Participation Advance in respect of such payment by Agent or Issuer. Upon (and only upon) receipt by Agent or Issuer for its account of immediately available funds from Borrowers (i) in reimbursement of any payment made by the Issuer as Issuer under the Roll-Up Letter of Credit with respect to which any Roll-Up Lender has made a Roll-Up Participation Advance to Issuer, or (ii) in payment of interest on such a payment made by Issuer or Agent under such a Roll-Up Letter of Credit, Agent or Issuer, as applicable, will pay to each Roll-Up Lender, in the same funds as those received by Agent or Issuer, the amount of such Roll-Up Lender’s Roll-Up Commitment Percentage of such funds, except Agent or Issuer shall retain the amount of the Roll-Up Commitment Percentage of such funds of any Roll-Up Lender that did not make a Roll-Up Participation Advance in respect of such payment by Agent or IssuerOvernight Bank Funding Rate.

Appears in 1 contract

Samples: Credit Agreement (Big Lots Inc)

Repayment of Participation Advances. (a) Upon (and only upon) receipt by Agent or for the account of Issuer for its account of immediately available funds from Borrowers (i) in reimbursement of any payment made by the Issuer as Issuer or Agent under the Letter of Credit with respect to which any Revolving Lender has made a Participation Advance to IssuerAgent, or (ii) in payment of interest on such a payment made by Issuer or Agent under such a Letter of Credit, Agent or Issuer, as applicable, will pay to each Lender holding a Revolving LenderCommitment, in the same funds as those received by Agent or IssuerAgent, the amount of such Revolving Lender’s Revolving Commitment Percentage of such funds, except Agent or Issuer shall retain the amount of the Revolving Commitment Percentage of such funds of any Lender holding a Revolving Lender Commitment that did not make a Participation Advance in respect of such payment by Agent (and, to the extent that any of the other Lender(s) holding the Revolving Commitment have funded any portion such Defaulting Lender’s Participation Advance in accordance with the provisions of Section 2.22, Agent will pay over to such Non-Defaulting Lenders a pro rata portion of the funds so withheld from such Defaulting Lender). (b) If Issuer or Issuer. Upon (and only upon) receipt Agent is required at any time to return to any Borrower, or to a trustee, receiver, liquidator, custodian, or any official in any insolvency proceeding, any portion of the payments made by Borrowers to Issuer or Agent or Issuer for its account of immediately available funds from Borrowers (ipursuant to Section 2.15(a) in reimbursement of any a payment made by the Issuer as Issuer under the WTC Letter of Credit with respect or interest or fee thereon, each applicable Lender shall, on demand of Agent, forthwith return to which Issuer or Agent the amount of its Revolving Commitment Percentage of any L/C Commitment Lender has made a L/C Participation Advance to Issuer, or (ii) in payment of interest on such a payment made amounts so returned by Issuer or Agent under such WTC Letter of Credit, Agent or Issuer, as applicable, will pay to each L/C Commitment Lender, in plus interest at the same funds as those received by Agent or Issuer, the amount of such L/C Commitment Lender’s L/C Commitment Percentage of such funds, except Agent or Issuer shall retain the amount of the L/C Commitment Percentage of such funds of any L/C Commitment Lender that did not make a L/C Participation Advance in respect of such payment by Agent or IssuerFederal Funds Effective Rate. Upon (and only upon) receipt by Agent or Issuer for its account of immediately available funds from Borrowers (i) in reimbursement of any payment made by the Issuer as Issuer under the Roll-Up Letter of Credit with respect to which any Roll-Up Lender has made a Roll-Up Participation Advance to Issuer, or (ii) in payment of interest on such a payment made by Issuer or Agent under such a Roll-Up Letter of Credit, Agent or Issuer, as applicable, will pay to each Roll-Up Lender, in the same funds as those received by Agent or Issuer, the amount of such Roll-Up Lender’s Roll-Up Commitment Percentage of such funds, except Agent or Issuer shall retain the amount of the Roll-Up Commitment Percentage of such funds of any Roll-Up Lender that did not make a Roll-Up Participation Advance in respect of such payment by Agent or Issuer2.16.

Appears in 1 contract

Samples: Cca Industries Inc

Repayment of Participation Advances. (ai) Upon (and only upon) receipt by the Administrative Agent or Issuer for its the account of the LC Bank of immediately available funds from Borrowers the Borrower (iA) in reimbursement of any payment made by the Issuer as Issuer LC Bank under the Letter of Credit with respect to which any Revolving Lender Program Participant has made a Participation Advance to Issuerthe Administrative Agent, or (iiB) in payment of interest on such a payment made by Issuer or Agent the LC Bank under such a Letter of Credit, the Administrative Agent or Issuer, as applicable, on behalf of the LC Bank will pay to each Revolving LenderProgram Participant, in the same funds as those received by Agent or Issuerthe Administrative Agent, the amount of such Revolving LenderProgram Participant’s Revolving Commitment Percentage Ratable Share of such funds, except the Administrative Agent or Issuer shall retain for the account of the LC Bank the amount of the Revolving Commitment Percentage Ratable Share of such funds of any Revolving Lender Program Participant that did not make a Participation Advance in respect of such payment by the LC Bank and the LC Bank’s Ratable Share of such funds. (ii) If the Administrative Agent is required at any time to return to Borrower, or Issuer. Upon (and only upon) receipt by Agent to a trustee, receiver, liquidator, custodian, or Issuer for its account of immediately available funds from Borrowers (i) any official in reimbursement any Insolvency Proceeding, any portion of any payment made by Borrower to the Issuer as Issuer Administrative Agent for the account of the LC Bank pursuant to this Section in reimbursement of a payment made under the WTC any Letter of Credit with respect or interest or fees thereon, each Program Participant shall, on demand of the Administrative Agent, forthwith return to which any L/C Commitment Lender has made a L/C Participation Advance to Issuer, or (ii) in payment the Administrative Agent for the account of interest on such a payment made by Issuer or Agent under such WTC Letter of Credit, Agent or Issuer, as applicable, will pay to each L/C Commitment Lender, in the same funds as those received by Agent or Issuer, LC Bank the amount of such L/C Commitment Lender’s L/C Commitment Percentage of such funds, except Agent or Issuer shall retain the amount of the L/C Commitment Percentage of such funds its Ratable Share of any L/C Commitment Lender that did not make a L/C Participation Advance in respect of such payment by Agent or Issuer. Upon (and only upon) receipt by Agent or Issuer for its account of immediately available funds from Borrowers (i) in reimbursement of any payment made amounts so returned by the Issuer as Issuer under Administrative Agent plus interest thereon from the Roll-Up Letter of Credit with respect date such demand is made to which any Roll-Up Lender has made the date such amounts are returned by such Program Participant to the Administrative Agent, at a Roll-Up Participation Advance rate per annum equal to Issuer, or the Overnight Bank Funding Rate in effect from time to time. (ii) in payment of interest on such a payment made by Issuer or Agent under such a Roll-Up Letter of Credit, Agent or Issuer, as applicable, will pay to each Roll-Up Lender, in the same funds as those received by Agent or Issuer, the amount of such Roll-Up Lender’s Roll-Up Commitment Percentage of such funds, except Agent or Issuer shall retain the amount of the Roll-Up Commitment Percentage of such funds of any Roll-Up Lender that did not make a Roll-Up Participation Advance in respect of such payment by Agent or Issuer.e)

Appears in 1 contract

Samples: Receivables Financing Agreement (Davey Tree Expert Co)

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