Common use of The Reimbursement Obligations Clause in Contracts

The Reimbursement Obligations. Subject to Section 2.3(b), the obligation of a Borrower to reimburse the relevant L/C Issuer for all drawings under a Letter of Credit (an “U.S. Reimbursement Obligation” in the case of any U.S. Letter of Credit and a “Canadian Reimbursement Obligation” in the case of any Canadian Letters of Credit) shall be governed by the Application related to such Letter of Credit, except that reimbursement shall be made by no later than 12:00 Noon on the date when each drawing is to be paid if the relevant Borrower has been informed of such drawing by the L/C Issuer on or before 11:00 a.m. on the date when such drawing is to be paid or, if notice of such drawing is given to such Borrower after 11:00 a.m. on the date when such drawing is to be paid, by no later than 12:00 Noon on the following Business Day, in immediately available funds at Administrative Agent’s principal office in Chicago, Illinois, or such other office as Administrative Agent may designate in writing to such Borrower (who shall thereafter cause to be distributed to the relevant L/C Issuer such amount(s) in like funds). If a Borrower does not make any such reimbursement payment on the date due and the Participating Lenders fund their participations therein in the manner set forth in Section 2.3(e) below, then all payments thereafter received by Administrative Agent in discharge of any of the relevant Reimbursement Obligations shall be distributed in accordance with Section 2.3(e) below.

Appears in 3 contracts

Samples: Multicurrency Credit Agreement (Fenix Parts, Inc.), Multicurrency Credit Agreement (Fenix Parts, Inc.), Multicurrency Credit Agreement (Fenix Parts, Inc.)

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The Reimbursement Obligations. Subject to Section 2.3(b)1.2(b) hereof, the obligation of a the Borrower to reimburse the relevant L/C Issuer for all drawings under a Letter of Credit (an a U.S. Reimbursement Obligation” in the case of any U.S. Letter of Credit and a “Canadian Reimbursement Obligation” in the case of any Canadian Letters of Credit) shall be governed by the Application related to such Letter of Credit, except that reimbursement shall be made by no later than 12:00 Noon (Chicago time) on the date when each drawing is to be paid if the relevant Borrower has been informed of such drawing by the L/C Issuer on or before 11:00 11:30 a.m. (Chicago time) on the date when such drawing is to be paid or, if notice of such drawing is given to such the Borrower after 11:00 11:30 a.m. (Chicago time) on the date when such drawing is to be paid, by no later than 12:00 Noon on the following Business Dayend of such day, in immediately available funds at the Administrative Agent’s principal office in Chicago, Illinois, Illinois or such other office as the Administrative Agent may designate in writing to such the Borrower (who shall thereafter cause to be distributed to the relevant L/C Issuer such amount(s) in like funds). If Notwithstanding the foregoing, unless the Borrower shall have notified the Administrative Agent to the contrary, each drawing upon a Borrower does not make any such reimbursement payment on Letter of Credit shall automatically be deemed to be a request for a Borrowing of a Base Rate Loan pursuant to the date due terms of Section 1.2(d) hereof, and the Participating Lenders fund their participations therein in Borrower shall thereafter be responsible for the manner set forth in repayment of such amount pursuant to the provisions of Section 2.3(e) below, then all payments thereafter received by Administrative Agent in discharge of any of the relevant Reimbursement Obligations shall be distributed in accordance with Section 2.3(e) below1.8 hereof.

Appears in 2 contracts

Samples: Credit Agreement (National Credit & Guaranty CORP), Credit Agreement (Kimball Hill, Inc.)

The Reimbursement Obligations. Subject to Section 2.3(b)1.1(c)(ii) hereof, the obligation of a the Borrower to reimburse the relevant L/C Issuer for all drawings under a Letter of Credit (an a U.S. Reimbursement Obligation” in the case of any U.S. Letter of Credit and a “Canadian Reimbursement Obligation” in the case of any Canadian Letters of Credit) shall be governed by the Application related to such Letter of Credit, except that reimbursement shall be made by no later than 12:00 Noon (New York time) on the date when each drawing is to be paid if the relevant Borrower has been informed of such drawing by the L/C Issuer on or before 11:00 a.m. (New York time) on the date when such drawing is to be paid or, if notice of such drawing is given to such the Borrower after 11:00 a.m. (New York time) on the date when such drawing is to be paid, by no later than 12:00 Noon (New York time) on the following Business Day, in immediately available funds at the Administrative Agent’s principal office in ChicagoNew York City, IllinoisNew York, or such other office as the Administrative Agent may designate in writing to such the Borrower (who shall thereafter cause to be distributed to the relevant L/C Issuer such amount(s) in like funds). If a the Borrower does not make any such reimbursement payment on the date due and the Participating Lenders fund their participations therein in the manner set forth in Section 2.3(e1.1(c)(v) below, then all payments thereafter received by the Administrative Agent in discharge of any of the relevant Reimbursement Obligations shall be distributed in accordance with Section 2.3(e1.1(c)(v) below.

Appears in 2 contracts

Samples: Credit Agreement (StoneX Group Inc.), Credit Agreement (StoneX Group Inc.)

The Reimbursement Obligations. Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the L/C Issuer shall promptly notify the Borrower and the Administrative Agent thereof. Subject to Section 2.3(b), the obligation of a Borrower to reimburse the relevant L/C Issuer for all drawings under a Letter of Credit (an a U.S. Reimbursement Obligation” in the case of any U.S. Letter of Credit and a “Canadian Reimbursement Obligation” in the case of any Canadian Letters of Credit) shall be governed by the Application related to such Letter of Credit, except that reimbursement shall be made by no later than 12:00 Noon on the date when each drawing is to be paid if the relevant Borrower has been informed of such drawing by the L/C Issuer on or before 11:00 a.m. on the date when such drawing is to be paid or, if notice of such drawing is given to such Borrower after 11:00 a.m. on the date when such drawing is to be paid, by no later than 12:00 Noon on the following Business Day, in immediately available funds at Administrative Agent’s principal office in Chicago, Illinois, or such other office as Administrative Agent may designate in writing to such Borrower (who shall thereafter cause to be distributed to the relevant L/C Issuer such amount(s) in like funds). If a Borrower does not make any such reimbursement payment on the date due and the Participating Lenders fund their participations therein in the manner set forth in Section 2.3(e) below, then all payments thereafter received by Administrative Agent in discharge of any of the relevant Reimbursement Obligations shall be distributed in accordance with Section 2.3(e) below.. (d)

Appears in 2 contracts

Samples: Credit Agreement (Sterling Infrastructure, Inc.), Credit Agreement (Sterling Construction Co Inc)

The Reimbursement Obligations. Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the L/C Issuer shall promptly notify the Borrower and the Administrative Agent thereof. Subject to Section 2.3(b), the obligation of a Borrower to reimburse the relevant L/C Issuer for all drawings under a Letter of Credit (an a U.S. Reimbursement Obligation” in the case of any U.S. Letter of Credit and a “Canadian Reimbursement Obligation” in the case of any Canadian Letters of Credit) shall be governed by the Application related to such Letter of Credit, except that reimbursement shall be made by no later than 12:00 Noon on the date when each drawing is to be paid if the relevant Borrower has been informed of such drawing by the L/C Issuer on or before 11:00 a.m. on the date when such drawing is to be paid or, if notice of such drawing is given to such Borrower after 11:00 a.m. on the date when such drawing is to be paid, by no later than 12:00 Noon on the following Business Day, in immediately available funds at Administrative Agent’s principal office in Chicago, Illinois, or such other office as Administrative Agent may designate in writing to such Borrower (who shall thereafter cause to be distributed to the relevant L/C Issuer such amount(s) in like funds). If a Borrower does not make any such reimbursement payment on the date due and the Participating Lenders fund their participations therein in the manner set forth in Section 2.3(e) below, then all payments thereafter received by Administrative Agent in discharge of any of the relevant Reimbursement Obligations shall be distributed in accordance with Section 2.3(e) below.

Appears in 1 contract

Samples: Credit Agreement (Sterling Construction Co Inc)

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The Reimbursement Obligations. Subject to Section 2.3(b)1.3(b) hereof, the obligation of a the U.S. Borrower to reimburse the relevant U.S. L/C Issuer for all drawings under a U.S. Letter of Credit (an “U.S. a "Reimbursement Obligation” in the case of any U.S. Letter of Credit and a “Canadian Reimbursement Obligation” in the case of any Canadian Letters of Credit") shall be governed by the Application related to such U.S. Letter of Credit, except that reimbursement shall be made by no later than 12:00 Noon (Chicago time) on the date when each drawing is to be paid if the relevant U.S. Borrower has been informed of such drawing by the U.S. L/C Issuer on or before 11:00 a.m. (Chicago time) on the date when such drawing is to be paid or, if notice of such drawing is given to such the U.S. Borrower after 11:00 a.m. (Chicago time) on the date when such drawing is to be paid, by no later than 12:00 Noon on the following Business Dayend of such day, in immediately available funds at the Administrative Agent’s 's principal office in Chicago, Illinois, Illinois or such other office as the Administrative Agent may designate in writing to such the U.S. Borrower (who shall thereafter cause to be distributed to the relevant U.S. L/C Issuer such amount(s) in like funds). If a the U.S. Borrower does not make any such reimbursement payment on the date due and the U.S. Participating Lenders fund their participations therein in the manner set forth in Section 2.3(e1.3(d) below, then all payments thereafter received by the Administrative Agent in discharge of any of the relevant Reimbursement Obligations shall be distributed in accordance with Section 2.3(e1.3(d) below.

Appears in 1 contract

Samples: Credit Agreement (Penford Corp)

The Reimbursement Obligations. Subject to Section 2.3(b)1.3(b) hereof, the obligation of a Borrower the Borrowers to reimburse the relevant L/C Issuer for all drawings under a Letter of Credit (an a U.S. Reimbursement Obligation” in the case of any U.S. Letter of Credit and a “Canadian Reimbursement Obligation” in the case of any Canadian Letters of Credit") shall be governed by the Application related to such Letter of Credit, except that reimbursement shall be made by no later than 12:00 Noon 1:00 p.m. (Chicago time) on the date when each drawing is to be paid if the relevant Borrower has been informed of such drawing by the L/C Issuer on or before 11:00 a.m. (Chicago time) on the date when such drawing is to be paid or, if notice of such drawing is given to the Borrower for whose account such Borrower Letter of Credit was issued after 11:00 a.m. (Chicago time) on the date when such drawing is to be paid, by no later than 12:00 Noon 1:00 p.m. (Chicago time) on the following Business Day, in immediately available funds at the Administrative Agent’s principal office in Chicago, Illinois, or such other office as the Administrative Agent may designate in writing to such the Borrower (who shall thereafter cause to be distributed to the relevant L/C Issuer such amount(s) in like funds). If a Borrower does not make any such reimbursement payment on the date due and the Participating Lenders fund their participations therein in the manner set forth in Section 2.3(e1.3(e) below, then all payments thereafter received by the Administrative Agent in discharge of any of the relevant Reimbursement Obligations shall be distributed in accordance with Section 2.3(e1.3(e) below.

Appears in 1 contract

Samples: Credit Agreement (Smucker J M Co)

The Reimbursement Obligations. Subject to Section 2.3(b)2.2(b) hereof, the obligation of a the Borrower to reimburse the relevant L/C Issuer for all drawings under a Letter of Credit (an a U.S. Reimbursement Obligation” in the case of any U.S. Letter of Credit and a “Canadian Reimbursement Obligation” in the case of any Canadian Letters of Credit) shall be governed by the Application related to such Letter of Credit, except that reimbursement shall be made by no later than 12:00 Noon 1:00 p.m. (Cincinnati time) on the date when each drawing is to be paid if the relevant Borrower has been informed of such drawing by the L/C Issuer on or before 11:00 a.m. (Cincinnati time) on the date when such drawing is to be paid or, if notice of such drawing is given to such the Borrower after 11:00 a.m. (Cincinnati time) on the date when such drawing is to be paid, by no later than 12:00 Noon 11:00 a.m. (Cincinnati time) on the following Business Daynext day (with interest as set forth in Section 2.2(b) above), in immediately available funds at Administrative the Agent’s principal office in ChicagoCincinnati, Illinois, Ohio or such other office as Administrative the Agent may designate in writing to such Borrower (who the Borrower, and the Agent shall thereafter cause to be distributed to the relevant L/C Issuer such amount(s) in like funds). If a the Borrower does not make any such reimbursement payment on the date due (including with the proceeds of a Borrowing pursuant to Section 2.4 hereof) and the Participating Lenders fund their participations therein in the manner set forth in Section 2.3(e2.2(d) below, then all payments thereafter received by Administrative the Agent in discharge of any of the relevant Reimbursement Obligations shall be distributed in accordance with Section 2.3(e2.2(d) below.

Appears in 1 contract

Samples: Credit Agreement (Abraxis BioScience, Inc.)

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