Common use of Administration; Reimbursement by Xxxxxxx Clause in Contracts

Administration; Reimbursement by Xxxxxxx. Upon receipt from the beneficiary of any Facility LC of any demand for payment under such Facility LC, the LC Issuer shall notify the Administrative Agent and the Administrative Agent shall promptly notify the Borrower and each Lender as to the amount to be paid by the LC Issuer as a result of such demand and the proposed payment date (the “LC Payment Date”). The responsibility of the LC Issuer to the Borrower and each Lender shall be only to determine that the documents (including each demand for payment) delivered under each Facility LC in connection with such presentment shall be in conformity in all material respects with such Facility LC. The LC Issuer shall endeavor to exercise the same care in the issuance and administration of the Facility LCs as it does with respect to letters of credit in which no participations are granted, it being understood that in the absence of any gross negligence or willful misconduct by the LC Issuer, each Lender shall be unconditionally and irrevocably liable, without regard to the occurrence of the Commitment Termination Date or the Final Termination Date, the occurrence of any Event of Default or Unmatured Event of Default or any condition precedent whatsoever, to reimburse the LC Issuer on demand for (i) such Xxxxxx’s Pro Rata Share of the amount of each payment made by the LC Issuer under any Facility LC to the extent such amount is not reimbursed by the Borrower pursuant to Section 2.16.6, plus (ii) interest on the foregoing amount to be reimbursed by such Xxxxxx, for each day from the date of the LC Issuer’s demand for such reimbursement (or, if such demand is made after 11:00 A.M. on such day, from the next succeeding Business Day) to the date on which such Xxxxxx pays the amount to be reimbursed by it, at a rate of interest per annum equal to the Federal Funds Rate for the first three days and, thereafter, at the Base Rate.

Appears in 3 contracts

Samples: Credit Agreement, Credit Agreement, Credit Agreement

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Administration; Reimbursement by Xxxxxxx. Upon receipt from the beneficiary of any Facility LC of any demand for payment under such Facility LC, the LC Issuer shall notify the Administrative Agent and the Administrative Agent shall promptly notify the applicable Borrower and each Lender as to the amount to be paid by the LC Issuer as a result of such demand and the proposed payment date (the “LC Payment Date”). The responsibility of the LC Issuer to the applicable Borrower and each Lender shall be only to determine that the documents (including each demand for payment) delivered under each Facility LC in connection with such presentment shall be in conformity in all material respects with such Facility LC. The LC Issuer shall endeavor to exercise the same care in the issuance and administration of the Facility LCs as it does with respect to letters of credit in which no participations are granted, it being understood that in the absence of any gross negligence or willful misconduct by the LC Issuer, each Lender shall be unconditionally and irrevocably liable, without regard to the occurrence of the Commitment Termination Date or the Final Termination DateDate for the applicable Borrower, the occurrence of any Event of Default or Unmatured Event of Default or any condition precedent whatsoever, to reimburse the LC Issuer on demand for for (i) such Xxxxxx’s Pro Rata Share of the amount of each payment made by the LC Issuer under any each Facility LC to the extent such amount is not reimbursed by the applicable Borrower pursuant to Section 2.16.6, plus (ii) interest on the foregoing amount to be reimbursed by such XxxxxxLender, for each day from the date of the LC Issuer’s demand for such reimbursement (or, if such demand is made after 11:00 A.M. (Chicago time) on such day, from the next succeeding Business Day) to the date on which such Xxxxxx Lender pays the amount to be reimbursed by it, at a rate of interest per annum equal to the Federal Funds Rate for the first three days and, thereafter, at the Base Rate.

Appears in 2 contracts

Samples: Credit Agreement, 364 Day Credit Agreement

Administration; Reimbursement by Xxxxxxx. Upon receipt from the beneficiary of any Facility LC of any demand for payment under any Facility LC from the beneficiary of such Facility LC, the LC Issuer shall notify the Administrative Agent and the Administrative Agent shall promptly notify the Borrower and each other Lender as to the amount to be paid by the LC Issuer as a result of such demand and the proposed payment date (the “LC Payment Date”). The responsibility of the LC Issuer to the Borrower and each Lender shall be only to determine that the documents (including each demand for payment) delivered under each Facility LC in connection with such presentment shall be in conformity in all material respects with such Facility LC. The LC Issuer shall endeavor to exercise the same care in the issuance and administration of the Facility LCs as it does with respect to letters of credit in which no participations are granted, it being understood that in the absence of any gross negligence or willful misconduct by the LC Issuer, each Lender shall be unconditionally and irrevocably liable, liable without regard to the occurrence of the Commitment Termination Date or the Final Termination Date, the occurrence of any Event of Default or Unmatured Event of Default or any condition precedent whatsoever, to reimburse the LC Issuer on demand for (i) such Xxxxxx’s Pro Rata Share of the amount of each payment made by the LC Issuer under any each Facility LC to the extent such amount is not reimbursed by the Borrower pursuant to Section 2.16.62.19(f) below and there are not funds available in the Facility LC Collateral Account to cover the same, plus (ii) interest on the foregoing amount to be reimbursed by such XxxxxxLender, for each day from the date of the LC Issuer’s demand for such reimbursement (or, if such demand is made after 11:00 A.M. a.m. (Chicago time) on such daydate, from the next succeeding Business Day) to the date on which such Xxxxxx pays the amount to be reimbursed by it, it at a rate the greater of interest per annum equal to the Federal Funds Effective Rate for and a rate determined by the first three days and, thereafter, at the Base RateAdministrative Agent in accordance with banking industry rules on interbank compensation.

Appears in 2 contracts

Samples: Credit Agreement (Jack Henry & Associates Inc), Credit Agreement (Henry Jack & Associates Inc)

Administration; Reimbursement by Xxxxxxx. Upon receipt from the beneficiary of any Facility LC of any demand for payment under such Facility LC, the applicable LC Issuer shall notify the Administrative Agent and the Administrative Agent shall promptly notify the Borrower and each Lender as to the amount to be paid by the such LC Issuer as a result of such demand and the proposed payment date (the “LC Payment Date”). The responsibility of the an LC Issuer to the Borrower and each Lender shall be only to determine that the documents (including each demand for payment) delivered under each Facility LC in connection with such presentment shall be in conformity in all material respects with such Facility LC. The LC Issuer shall endeavor to exercise the same care in the issuance and administration of the Facility LCs as it does with respect to letters of credit in which no participations are granted, it being understood that in the absence of any gross negligence or willful misconduct by the LC Issuer, each Each Lender shall be unconditionally and irrevocably liable, without regard to the occurrence of the Commitment Termination Date or the Final Termination Date(but subject to Sections 2.17 and 2.16.12), the occurrence of any Event of Default or Unmatured Event of Default or any condition precedent whatsoever, to reimburse the such LC Issuer on demand for (i) such Xxxxxx’s Pro Rata Share of the amount of each payment made by the such LC Issuer under any Facility LC to the extent such amount is not reimbursed by the Borrower pursuant to Section 2.16.6, plus (ii) interest on the foregoing amount to be reimbursed by such Xxxxxx, for each day from the date of the such LC Issuer’s demand for such reimbursement (or, if such demand is made after 11:00 A.M. A.M., New York City time, on such day, from the next succeeding Business Day) to the date on which such Xxxxxx pays the amount to be reimbursed by it, at a rate of interest per annum equal to the Federal Funds Rate for the first three days and, thereafter, at the Alternate Base Rate.

Appears in 1 contract

Samples: Credit Agreement

Administration; Reimbursement by Xxxxxxx. Upon receipt from the beneficiary of any Facility LC of any demand for payment under any Letter of Credit from the beneficiary of such Facility LCLetter of Credit, the LC Issuer Issuing Bank shall notify the Administrative Agent and the Administrative Agent shall promptly notify the Borrower Borrowers and each Revolving Lender as to the amount to be paid by the LC Issuer Issuing Bank as a result of such demand and the proposed required payment date (the “LC L/C Payment Date”). The responsibility of the LC Issuer Issuing Bank to the Borrower Borrowers and each Revolving Lender shall be is only to determine that the documents (including each demand for payment) delivered under each Facility LC Letter of Credit in connection with such presentment shall be in conformity conform in all material respects with the requirements of such Facility LCLetter of Credit. The LC Issuer Issuing Bank shall endeavor to exercise the same care in the issuance and administration of the Facility LCs Letters of Credit as it does with respect to letters of credit in which no participations are granted, it being understood that in the absence of any gross negligence or willful misconduct by the LC IssuerIssuing Bank, each Revolving Lender shall be unconditionally and irrevocably liable, liable without regard to the occurrence of the Commitment Termination Date or the Final Termination Date, the occurrence of any Event of Default or Unmatured Event of Default or any condition precedent whatsoever, to reimburse the LC Issuer Issuing Bank on demand for (i) such XxxxxxRevolving Lender’s Pro Rata Share Applicable Percentage of the amount of each payment made by the LC Issuer Issuing Bank under any Facility LC each Letter of Credit to the extent such amount is not reimbursed by the Borrower Borrowers pursuant to Section 2.16.62.20(f) and there are not funds available in the L/C Collateral Account to cover such amount, plus (ii) interest on the foregoing amount to be reimbursed by such XxxxxxRevolving Lender, for each day from the date of the LC IssuerIssuing Bank’s demand for such reimbursement (or, if such demand is made after 11:00 A.M. a.m. (New York City time) on such daydate, from the next succeeding Business Day) to the date on which such Xxxxxx Revolving Lender pays the amount to be reimbursed by it, at a rate of interest per annum equal to the greater of the Federal Funds Effective Rate for and a rate determined by the first three days and, thereafter, at the Base RateAdministrative Agent in accordance with banking industry rules on interbank compensation.

Appears in 1 contract

Samples: Credit Agreement (Globus Medical Inc)

Administration; Reimbursement by Xxxxxxx. Upon receipt from the beneficiary of any Facility LC of any demand for payment under such Facility LC, the applicable LC Issuer shall notify the Administrative Agent and the Administrative Agent shall promptly notify the Borrower and each other Lender as to the amount to be paid by the such LC Issuer as a result of such demand and the proposed payment date (the “LC Payment Date”). The responsibility of the such LC Issuer to the Borrower and each Lender shall be only to determine that the documents (including each demand for payment) delivered under each Facility LC in connection with such presentment shall be in conformity in all material respects with such Facility LC. The Each LC Issuer shall endeavor to exercise the same care in the issuance and administration of the Facility LCs issued by such LC Issuer as it does with respect to letters of credit in which no participations are granted, it being understood that in the absence of any gross negligence or willful misconduct by the LC Issuer, each Lender shall be unconditionally and irrevocably liable, liable without regard to the occurrence of the Commitment Termination Date or the Final Termination Date, the occurrence of any Event of Default or Unmatured Event of Default or any condition precedent whatsoever, whatsoever to reimburse the such LC Issuer on demand for (i) such XxxxxxLender’s Pro Rata Share of the amount of each payment made by the such LC Issuer under any each Facility LC issued by such LC Issuer to the extent such amount is not reimbursed by the Borrower pursuant to Section 2.16.62.16(e) below, plus (ii) interest on the foregoing amount to be reimbursed by such Xxxxxx, for each day from the date of the such LC Issuer’s demand for such reimbursement (or, if such demand is made after 11:00 A.M. a.m. (New York City time) on such daydate, from the next succeeding Business Day) to the date on which such Xxxxxx pays the amount to be reimbursed by it, at a rate of interest per annum equal to the Federal Funds Rate for the first three days and, thereafter, at a rate of interest equal to the Base Raterate applicable to Adjusted Term SOFR Advances.

Appears in 1 contract

Samples: Credit Agreement (DTE Electric Co)

Administration; Reimbursement by Xxxxxxx. Upon receipt from the beneficiary of any Facility LC of any demand for payment under such Facility LC, the applicable LC Issuer shall notify the Administrative Agent and the Administrative Agent shall promptly notify the Borrower and each Lender as to the amount to be paid by the such LC Issuer as a result of such demand and the proposed payment date (the “LC Payment Date”). The responsibility of the an LC Issuer to the Borrower and each Lender shall be only to determine that the documents (including each demand for payment) delivered under each Facility LC in connection with such presentment shall be in conformity in all material respects with such Facility LC. The Each LC Issuer shall endeavor to exercise the same care in the issuance and administration of the Facility LCs as it does with respect to letters of credit in which no participations are granted, it being understood that in the absence of any gross negligence or willful misconduct by the applicable LC Issuer, each Lender shall be unconditionally and irrevocably liable, without regard to the occurrence of the Commitment Termination Date or the Final Termination Date(but subject to Section 2.17), the occurrence of any Event of Default or Unmatured Event of Default or any condition precedent whatsoever, to reimburse the such LC Issuer on demand for (i) such Xxxxxx’s Pro Rata Share of the amount of each payment made by the such LC Issuer under any Facility LC to the extent such amount is not reimbursed by the Borrower XXXXX INTEGRATED TYPESETTING SYSTEM Site: XXXXX OF CHICAGO Phone: (000) 000-0000 Operator: BOC99999T Date: 27-OCT-2006 12:55:07.86 Name: EXELON CORPORATION CRC: 65169 C09463.SUB, DocName: EX-99.2, Doc: 3, Page: 30 Description: Exhibit 99.2 pursuant to Section 2.16.6, plus (ii) interest on the foregoing amount to be reimbursed by such Xxxxxx, for each day from the date of the such LC Issuer’s demand for such reimbursement (or, if such demand is made after 11:00 A.M. on such day, from the next succeeding Business Day) to the date on which such Xxxxxx Lender pays the amount to be reimbursed by it, at a rate of interest per annum equal to the Federal Funds Rate for the first three days and, thereafter, at the Base Rate.

Appears in 1 contract

Samples: Credit Agreement

Administration; Reimbursement by Xxxxxxx. Upon receipt from the beneficiary of any Facility LC of any demand for payment under such Facility LC, the LC Issuer shall notify the Administrative Agent and the Administrative Agent shall promptly notify the Borrower and each Lender as to the amount to be paid by the LC Issuer as a result of such demand and the proposed payment date (the “LC Payment Date”). The responsibility of the LC Issuer to the Borrower and each Lender shall be only to determine that the documents (including each demand for payment) delivered under each Facility LC in connection with such presentment shall be in conformity in all material respects with such Facility LC. The LC Issuer shall endeavor to exercise the same care in the issuance and administration of the Facility LCs as it does with respect to letters of credit in which no participations are granted, it being understood that in the absence of any gross negligence or willful misconduct by the LC Issuer, each Lender shall be unconditionally and irrevocably liable, without regard to the occurrence of the Commitment Termination Date or the Final Termination Date, the occurrence of any Event of Default or Unmatured Event of Default or any condition precedent whatsoever, to reimburse the LC Issuer on demand for (i) such XxxxxxLender’s Pro Rata Share of the amount of each payment made by the LC Issuer under any Facility LC to the extent such amount is not reimbursed by the Borrower pursuant to Section 2.16.6, plus (ii) interest on the foregoing amount to be reimbursed by such XxxxxxLender, for each day from the date of the LC Issuer’s demand for such reimbursement (or, if such demand is made after 11:00 A.M. on such day, from the next succeeding Business Day) to the date on which such Xxxxxx Lender pays the amount to be reimbursed by it, at a rate of interest per annum equal to the Federal Funds Effective Rate for the first three days and, thereafter, at the Base Rate.

Appears in 1 contract

Samples: Credit Agreement

Administration; Reimbursement by Xxxxxxx. Upon receipt from the beneficiary of any Facility LC of any demand for payment under such Facility LC, the LC Issuer shall notify the Administrative Agent and the Administrative Agent shall promptly notify the applicable Borrower and each Lender as to the amount to be paid by the LC Issuer as a result of such demand and the proposed payment date (the “LC Payment Date”). The responsibility of the LC Issuer to the applicable Borrower and each Lender shall be only to determine that the documents (including each demand for payment) delivered under each Facility LC in connection with such presentment shall be in conformity in all material respects with such Facility LC. The LC Issuer shall endeavor to exercise the same care in the issuance and administration of the Facility LCs as it does with respect to letters of credit in which no participations are granted, it being understood that in the absence of any gross negligence or willful misconduct by the LC Issuer, each Lender shall be unconditionally and irrevocably liable, without regard to the occurrence of the Commitment Termination Date or the Final Termination DateDate for the applicable Borrower, the occurrence of any Event of Default or Unmatured Event of Default or any condition precedent whatsoever, to reimburse the LC Issuer on demand for for (i) such Xxxxxx’s Pro Rata Share of the amount of each payment made by the LC Issuer under any each Facility LC to the extent such amount is not reimbursed by the applicable Borrower pursuant to Section 2.16.62.16.6 below, plus (ii) interest on the foregoing amount to be reimbursed by such XxxxxxLender, for each day from the date of the LC Issuer’s demand for such reimbursement (or, if such demand is made after 11:00 A.M. (Chicago time) on such day, from the next succeeding Business Day) to the date on which such Xxxxxx pays the amount to be reimbursed by it, at a rate of interest per annum equal to the Federal Funds Rate for the first three days and, thereafter, at the Base Rate.

Appears in 1 contract

Samples: 364 Day Credit Agreement

Administration; Reimbursement by Xxxxxxx. Upon receipt from the beneficiary of any Facility LC of any demand for payment under such Facility LC, the applicable LC Issuer shall notify the Administrative Agent and the Administrative Agent shall promptly notify the Borrower and each Lender as to the amount to be paid by the such LC Issuer as a result of such demand and the proposed payment date (the “LC Payment Date”). The responsibility of the an LC Issuer to the Borrower and each Lender shall be only to determine that the documents (including each demand for payment) delivered under each Facility LC in connection with such presentment shall be in conformity in all material respects with such Facility LC. The Each LC Issuer shall endeavor to exercise the same care in the issuance and administration of the Facility LCs as it does with respect to letters of credit in which no participations are granted, it being understood that in the absence of any gross negligence or willful misconduct by the applicable LC Issuer, each Lender shall be unconditionally and irrevocably liable, without regard to the occurrence of the Commitment Termination Date or the Final Termination Date(but subject to Section 2.17), the occurrence of any Event of Default or Unmatured Event of Default or any condition precedent whatsoever, to reimburse the such LC Issuer on demand for (i) such Xxxxxx’s Pro Rata Share of the amount of each payment made by the such LC Issuer under any Facility LC to the extent such amount is not reimbursed by the Borrower pursuant to Section 2.16.6, plus (ii) interest on the foregoing amount to be reimbursed by such Xxxxxx, for each day from the date of the such LC Issuer’s demand for such reimbursement (or, if such demand is made after 11:00 A.M. on such day, from the next succeeding Business Day) to the date on which such Xxxxxx Lender pays the amount to be reimbursed by it, at a rate of interest per annum equal to the Federal Funds Rate for the first three days and, thereafter, at the Base Rate.

Appears in 1 contract

Samples: Credit Agreement

Administration; Reimbursement by Xxxxxxx. Upon receipt from the beneficiary of any Facility LC of any demand for payment under such Facility LC, the LC Issuer shall notify the Administrative Agent and the Administrative Agent shall promptly notify the Borrower and each other Lender as to the amount to be paid by the LC Issuer as a result of such demand and the proposed payment date (the "“LC Payment Date"”). The responsibility of the LC Issuer to the Borrower and each Lender shall be only to determine that the documents (including each demand for payment) delivered under each Facility LC in connection with such presentment shall be in substantial conformity in all material respects with such Facility LC. The LC Issuer shall endeavor to exercise the same care in the issuance and administration of the Facility LCs as it does with respect to letters of credit in which no participations are granted, it being understood that in the absence of any gross negligence or willful misconduct by the LC Issuer, each Lender shall be unconditionally and irrevocably liable, liable without regard to the occurrence of the Commitment Termination Date or the Final Termination Date, the occurrence of any Event of Default or Unmatured Event of Default or any condition precedent whatsoever, to reimburse the LC Issuer on demand for (i) such XxxxxxLender'’s Pro Rata Share of the amount of each payment made by the LC Issuer under any each Facility LC to the extent such amount is not reimbursed by the Borrower pursuant to Section 2.16.62.20.6 below, plus (ii) interest on the foregoing amount to be reimbursed by such XxxxxxLender, for each day from the date of the LC Issuer'’s demand for such reimbursement (or, if such demand is made after 11:00 A.M. a.m. (Chicago time) on such daydate, from the next succeeding Business Day) to the date on which such Xxxxxx pays the amount to be reimbursed by it, at a rate of interest per annum equal to the Federal Funds Effective Rate for the first three days and, thereafter, at a rate of interest equal to the Base Rate.rate applicable to Floating Rate Advances. 36

Appears in 1 contract

Samples: Credit Agreement (Lancaster Colony Corp)

Administration; Reimbursement by Xxxxxxx. Upon receipt from the beneficiary of any Facility LC of any demand for payment under such Facility LC, the LC Issuer shall notify the Administrative Agent and the Administrative Agent shall promptly notify the Borrower and each Lender as to the amount to be paid by the LC Issuer as a result of such demand and the proposed payment date (the “LC Payment Date”). The responsibility of the LC Issuer to the Borrower and each Lender shall be only to determine that the documents (including each demand for payment) delivered under each Facility LC in connection with such presentment shall be in conformity in all material respects with such Facility LC. The LC Issuer shall endeavor to exercise the same care in the issuance and administration of the Facility LCs as it does with respect to letters of credit in which no participations are granted, it being understood that in the absence of any gross negligence or willful misconduct by the LC Issuer, each Lender shall be unconditionally and irrevocably liable, without regard to the occurrence of the Commitment Termination Date or the Final Termination Date, the occurrence of any Event of Default or Unmatured Event of Default or any condition precedent whatsoever, to reimburse the LC Issuer on demand for (i) such Xxxxxx’s Pro Rata Share of the amount of each payment made by the LC Issuer under any Facility LC to the extent such amount is not reimbursed by the Borrower pursuant to Section 2.16.6, plus (ii) interest on the foregoing amount to be reimbursed by such XxxxxxLender, for each day from the date of the LC Issuer’s demand for such reimbursement (or, if such demand is made after 11:00 A.M. on such day, from the next succeeding Business Day) to the date on which such Xxxxxx Lender pays the amount to be reimbursed by it, at a rate of interest per annum equal to the Federal Funds Effective Rate for the first three days and, thereafter, at the Base Rate.

Appears in 1 contract

Samples: Credit Agreement

Administration; Reimbursement by Xxxxxxx. Upon receipt from the beneficiary of any Facility LC of any demand for payment under such Facility LC, the LC Issuer shall notify the Administrative Agent and the Administrative Agent shall promptly notify the applicable Borrower and each Lender as to the amount to be paid by the LC Issuer as a result of such demand and the proposed payment date (the “LC Payment Date”). The responsibility of the LC Issuer to the applicable Borrower and each Lender shall be only to determine that the documents (including each demand for payment) delivered under each Facility LC in connection with such presentment shall be in conformity in all material respects with such Facility LC. The LC Issuer shall endeavor to exercise the same care in the issuance and administration of the Facility LCs as it does with respect to letters of credit in which no participations are granted, it being understood that in the absence of any gross negligence or willful misconduct by the LC Issuer, each Lender shall be unconditionally and irrevocably liable, without regard to the occurrence of the Commitment Termination Date or the Final Termination Date, the occurrence of any Event of Default or Unmatured Event of Default or any condition precedent whatsoever, to reimburse the LC Issuer on demand for (i) such Xxxxxx’s Pro Rata Share of the amount of each payment made by the LC Issuer under any each Facility LC to the extent such amount is not reimbursed by the applicable Borrower pursuant to Section 2.16.6, plus (ii) interest on the foregoing amount to be reimbursed by such XxxxxxLender, for each day from the date of the LC Issuer’s demand for such reimbursement (or, if such demand is made after 11:00 A.M. (Chicago time) on such day, from the next succeeding Business Day) to the date on which such Xxxxxx Lender pays the amount to be reimbursed by it, at a rate of interest per annum equal to the Federal Funds Rate for the first three days and, thereafter, at the Base Rate.

Appears in 1 contract

Samples: Credit Agreement

Administration; Reimbursement by Xxxxxxx. Upon receipt from the beneficiary of any Facility LC of any demand for payment under such Facility LC, the LC Issuer shall notify the Administrative Agent and the Administrative Agent shall promptly notify the Borrower and each Lender as to the amount to be paid by the LC Issuer as a result of such demand and the proposed payment date (the “LC Payment Date”). The responsibility of the LC Issuer to the Borrower and each Lender shall be only to determine that the documents (including each demand for payment) delivered under each Facility LC in connection with such presentment shall be in conformity in all material respects with such Facility LC. The LC Issuer shall endeavor to exercise the same care in the issuance and administration of the Facility LCs as it does with respect to letters of credit in which no participations are granted, it being understood that in the absence of any gross negligence or willful misconduct by the LC Issuer, each Lender shall be unconditionally and irrevocably liable, without regard to the occurrence of the Commitment Termination Date or the Final Termination Date, the occurrence of any Event of Default or Unmatured Event of Default or any condition precedent whatsoever, to reimburse the LC Issuer on demand for (i) such Xxxxxx’s Pro Rata Share of the amount of each payment made by the LC Issuer under any Facility LC to the extent such amount is not reimbursed by the Borrower pursuant to Section 2.16.6, plus (ii) interest on the foregoing amount to be reimbursed by such XxxxxxLender, for each day from the date of the LC Issuer’s demand for such reimbursement (or, if such demand is made after 11:00 A.M. on such day, from the next succeeding Business Day) to the date on which such Xxxxxx pays the amount to be reimbursed by it, at a rate of interest per annum equal to the Federal Funds Rate for the first three days and, thereafter, at the Base Rate.

Appears in 1 contract

Samples: Credit Agreement

Administration; Reimbursement by Xxxxxxx. Upon receipt from the beneficiary of any Facility LC of any demand for payment under such Facility LC, the LC Issuer shall notify the Administrative Agent and the Administrative Agent shall promptly notify the Borrower and each other Lender as to the amount to be paid by the LC Issuer as a result of such demand and the proposed payment date (the “LC Payment Date”). The responsibility of the LC Issuer to the Borrower and each Lender shall be only to determine that the documents (including each demand for payment) delivered under each Facility LC in connection with such presentment shall be in substantial conformity in all material respects with such Facility LC. The LC Issuer shall endeavor to exercise the same care in the issuance and administration of the Facility LCs as it does with respect to letters of credit in which no participations are granted, it being understood that in the absence of any gross negligence or willful misconduct by the LC Issuer, each Lender shall be unconditionally and irrevocably liable, liable without regard to the occurrence of the Commitment Termination Date or the Final Termination Date, the occurrence of any Event of Default or Unmatured Event of Default or any condition precedent whatsoever, to reimburse the LC Issuer on demand for (i) such XxxxxxLender’s Pro Rata Share of the amount of each payment made by the LC Issuer under any each Facility LC to the extent such amount is not reimbursed by the Borrower pursuant to Section 2.16.62.20.6 below, plus (ii) interest on the foregoing amount to be reimbursed by such Xxxxxx, for each day from the date of the LC Issuer’s demand for such reimbursement (or, if such demand is made after 11:00 A.M. a.m. (Chicago time) on such daydate, from the next succeeding Business Day) to the date on which such Xxxxxx Lender pays the amount to be reimbursed by it, at a rate of interest per annum equal to the Federal Funds Effective Rate for the first three days and, thereafter, at a rate of interest equal to the Base Raterate applicable to Floating Rate Advances.

Appears in 1 contract

Samples: Credit Agreement (Lancaster Colony Corp)

Administration; Reimbursement by Xxxxxxx. Upon receipt from the beneficiary of any Facility LC of any demand for payment under such Facility LC, the applicable LC Issuer shall notify the Administrative Agent and the Administrative Agent shall promptly notify the Borrower and each Lender as to the amount to be paid by the such LC Issuer as a result of such demand and the proposed payment date (the “LC Payment Date”). The responsibility of the an LC Issuer to the Borrower and each Lender shall be only to determine that the documents (including each demand for payment) delivered under each Facility LC in connection with such presentment shall be in conformity in all material respects with such Facility LC. The LC Issuer shall endeavor to exercise the same care in the issuance and administration of the Facility LCs as it does with respect to letters of credit in which no participations are granted, it being understood that in the absence of any gross negligence or willful misconduct by the LC Issuer, each Each Lender shall be unconditionally and irrevocably liable, without regard to the occurrence of the Commitment Termination Date or the Final Termination Date(but subject to Sections 2.17 and 2.16.12), the occurrence of any Event of Default or Unmatured Event of Default or any condition precedent whatsoever, to reimburse the such LC Issuer on demand for (i) such Xxxxxx’s Pro Rata Share of the amount of each payment made by the such LC Issuer under any Facility LC to the extent such amount is not reimbursed by the Borrower pursuant to Section 2.16.6, plus (ii) interest on the foregoing amount to be reimbursed by such Xxxxxx, for each day from the date of the such LC Issuer’s demand for such reimbursement (or, if such demand is made after 11:00 A.M. A.M., New York City time, on such day, from the next succeeding Business Day) to the date on which such Xxxxxx Lender pays the amount to be reimbursed by it, at a rate of interest per annum equal to the Federal Funds Rate for the first three days and, thereafter, at the Alternate Base Rate.

Appears in 1 contract

Samples: Credit Agreement

Administration; Reimbursement by Xxxxxxx. Upon receipt from the beneficiary of any Facility LC of any demand for payment under such Facility LC, the LC Issuer shall notify the Administrative Agent and the Administrative Agent shall promptly notify the Borrower and each Lender as to the amount to be paid by the LC Issuer as a result of such demand and the proposed payment date (the “LC Payment Date”). The responsibility of the LC Issuer to the Borrower and each Lender shall be only to determine that the documents (including each demand for payment) delivered under each Facility LC in connection with such presentment shall be in conformity in all material respects with such Facility LC. The LC Issuer shall endeavor to exercise the same care in the issuance and administration of the Facility LCs as it does with respect to letters of credit in which no participations are granted, it being understood that in the absence of any gross negligence or willful misconduct by the LC Issuer, each Lender shall be unconditionally and irrevocably liable, without regard to the occurrence of the Commitment Termination Date or the Final Termination Date, the occurrence of any Event of Default or Unmatured Event of Default or any condition precedent whatsoever, to reimburse the LC Issuer on demand for (i) such Xxxxxx’s Pro Rata Share of the amount of each payment made by the LC Issuer under any Facility LC to the extent such amount is not reimbursed by the Borrower pursuant to Section 2.16.6, plus (ii) interest on the foregoing amount to be reimbursed by such Xxxxxx, for each day from the date of the LC Issuer’s demand for such reimbursement (or, if such demand is made after 11:00 A.M. on such day, from the next succeeding Business Day) to the date on which such Xxxxxx Lender pays the amount to be reimbursed by it, at a rate of interest per annum equal to the Federal Funds Rate for the first three days and, thereafter, at the Base Rate.

Appears in 1 contract

Samples: Credit Agreement

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Administration; Reimbursement by Xxxxxxx. Upon receipt from the beneficiary of any Facility LC of any demand for payment under any Facility LC from the beneficiary of such Facility LC, the relevant LC Issuer shall notify the Administrative Agent and the Administrative Agent shall promptly notify the Borrower and each other Lender as to the amount to be paid by the such LC Issuer as a result of such demand and the proposed payment date (the “LC Payment Date”)date. The responsibility of the relevant LC Issuer to the Borrower and each Lender shall be only to determine that the documents (including each demand for payment) delivered under each Facility LC in connection with such presentment shall be in conformity in all material respects with such Facility LC. The Each LC Issuer shall endeavor to exercise the same care in the issuance and administration of the Facility LCs as it does with respect to letters of credit in which no participations are granted, it being understood that in the absence of any gross negligence or willful misconduct by the such LC Issuer, each Lender shall be unconditionally and irrevocably liable, liable without regard to the occurrence of the Commitment Termination Date or the Final Termination Date, the occurrence of any Event of Default or Unmatured Event of Default or any condition precedent whatsoever, to reimburse the such LC Issuer on demand for (i) such XxxxxxLender’s Pro Rata Share of the amount of each payment made by the such LC Issuer under any each Facility LC to the extent such amount is not reimbursed by the Borrower pursuant to Section 2.16.62.19(f) below and there is no Cash Collateral available to cover the same, plus (ii) interest on the foregoing amount to be reimbursed by such XxxxxxLender, for each day from the date of the such LC Issuer’s demand for such reimbursement (or, if such demand is made after 11:00 A.M. a.m. (New York City time) on such daydate, from the next succeeding Business Day) to the date on which such Xxxxxx pays the amount to be reimbursed by it, it at a rate the greater of interest per annum equal to the Federal Funds Effective Rate for and a rate determined by the first three days and, thereafter, at the Base RateAdministrative Agent in accordance with banking industry rules on interbank compensation.

Appears in 1 contract

Samples: Credit Agreement (Radian Group Inc)

Administration; Reimbursement by Xxxxxxx. Upon receipt from the beneficiary of any Facility LC of any demand for payment under any Facility LC from the beneficiary of such Facility LC, the LC Issuer shall notify the Administrative Agent and the Administrative Agent shall promptly notify the Borrower and each other Lender as to the amount to be paid by the LC Issuer as a result of such demand and the proposed payment date (the “LC Payment Date”). The responsibility of the LC Issuer to the Borrower and each Lender shall be only to determine that the documents (including each demand for payment) delivered under each Facility LC in connection with such presentment shall be in conformity in all material respects with such Facility LC. The LC Issuer shall endeavor to exercise the same care in the issuance and administration of the Facility LCs as it does with respect to letters of credit in which no participations are granted, it being understood that in the absence of any gross negligence negligence, bad faith or willful misconduct by the LC Issuer, each Lender shall be unconditionally and irrevocably liable, liable without regard to the occurrence of the Commitment Termination Date or the Final Termination Date, the occurrence of any Event of Default or Unmatured Event of Default or any condition precedent whatsoever, to reimburse the LC Issuer on demand for (i) such XxxxxxLender’s Pro Rata Share of the amount of each payment made by the LC Issuer under any each Facility LC to the extent such amount is not reimbursed by the Borrower pursuant to Section 2.16.62.19(f) below and there are not funds available in the Facility LC Collateral Account to cover the same, plus (ii) interest on the foregoing amount to be reimbursed by such XxxxxxLender, for each day from the date of the LC Issuer’s demand for such reimbursement (or, if such demand is made after 11:00 A.M. 10:00 a.m. (Pacific Standard Time) on such daydate, from the next succeeding Business Day) to the date on which such Xxxxxx pays the amount to be reimbursed by it, it at a rate the greater of interest per annum equal to the Federal Funds Effective Rate for and a rate determined by the first three days and, thereafter, at the Base RateAdministrative Agent in accordance with banking industry rules on interbank compensation.

Appears in 1 contract

Samples: Credit Agreement (Universal Electronics Inc)

Administration; Reimbursement by Xxxxxxx. Upon receipt from the beneficiary of any Facility LC of any demand for payment under any Facility LC from the beneficiary of such Facility LC, the applicable LC Issuer shall notify the Administrative Agent and the Administrative Agent shall promptly notify the Borrower and each other Revolving Lender as to the amount to be paid by the such LC Issuer as a result of such demand and the proposed payment date (the “LC Payment Honor Date”). The responsibility of the each LC Issuer to the Borrower and each Revolving Lender shall be only to determine that the documents (including each demand for payment) delivered under each Facility LC in connection with such presentment shall be in conformity in all material respects with such Facility LC. The Each LC Issuer shall endeavor to exercise the same care in the issuance and administration of the Facility LCs as it does with respect to letters of credit in which no participations are granted, it being understood that in the absence of any gross negligence or willful misconduct by the any LC Issuer, each Revolving Lender shall be unconditionally and irrevocably liable, liable without regard to the occurrence of the Commitment Termination Date or the Final Termination Date, the occurrence of any Event of Default or Unmatured Event of Default or any condition precedent whatsoever, to reimburse the such LC Issuer on demand for (i) such XxxxxxLender’s Pro Rata Share of the amount of each payment made by the such LC Issuer under any each Facility LC to the extent such amount is not reimbursed by the Borrower pursuant to Section 2.16.62.19(f) below and there are not funds available in the Facility LC Collateral Account to cover the same, plus (ii) interest on the foregoing amount to be reimbursed by such XxxxxxLender, for each day from the date of the LC Issuer’s demand for such reimbursement (or, if such demand is made after 11:00 A.M. a.m. (Chicago time) on such daydate, from the next succeeding Business Day) to the date on which such Xxxxxx pays the amount to be reimbursed by it, at a rate of interest per annum equal to the Federal Funds Effective Rate for the first three (3) days and, thereafter, at a rate of interest equal to the rate applicable to Base RateRate Advances.

Appears in 1 contract

Samples: Credit Agreement (Extra Space Storage Inc.)

Administration; Reimbursement by Xxxxxxx. Upon receipt from the beneficiary of any Facility LC of any demand for payment under such Facility LC, the applicable LC Issuer shall notify the Administrative Agent and the Administrative Agent shall promptly notify the Borrower Borrowers and each other Lender as to the amount to be paid by the such LC Issuer as a result of such demand and the proposed payment date (the “LC Payment Date”). The responsibility of the applicable LC Issuer to the Borrower Borrowers and each Lender shall be only to determine that the documents (including each demand for payment) delivered under each Facility LC in connection with such presentment shall be in conformity in all material respects with such Facility LC. The Each LC Issuer shall endeavor to exercise the same care in the issuance and administration of the Facility LCs as it does with respect to letters of credit in which no participations are granted, it being understood that in the absence of any gross negligence or willful misconduct by the any LC Issuer, each Lender shall be unconditionally and irrevocably liable, liable without regard to the occurrence of the Commitment Termination Date or the Final Termination Date, the occurrence of any Event of Default or Unmatured Event of Default or any condition precedent whatsoever, to reimburse the each LC Issuer on demand for (i) such XxxxxxLender’s Pro Rata Share of the amount of each payment made by the such LC Issuer under any each Facility LC to the extent such amount is not reimbursed by the Borrower Borrowers pursuant to Section 2.16.62.19(g) below and there are not funds available in the Facility LC Collateral Account to cover the same, plus (ii) interest on the foregoing amount to be reimbursed by such XxxxxxLender, for each day from the date of the any LC Issuer’s demand for such reimbursement (or, if such demand is made after 11:00 A.M. a.m. (Central time) on such daydate, from the next succeeding Business Day) to the date on which such Xxxxxx pays the amount to be reimbursed by it, it at a rate the greater of interest per annum equal to the Federal Funds Effective Rate for and a rate determined by the first three days and, thereafter, at the Base RateAdministrative Agent in accordance with banking industry rules on interbank compensation.

Appears in 1 contract

Samples: Credit Agreement (Arcbest Corp /De/)

Administration; Reimbursement by Xxxxxxx. Upon receipt from the beneficiary of any Facility LC of any demand for payment under such Facility LC, the applicable LC Issuer shall notify the Administrative Agent and the Administrative Agent shall promptly notify the Borrower and each other Lender as to the amount to be paid by the LC Issuer as a result of such demand and the proposed payment date (the “LC Payment Date”). The responsibility of the each LC Issuer to the Borrower and each Lender shall be only to determine that the documents (including each demand for payment) delivered under each Facility LC in connection with such presentment shall be in conformity in all material respects with such Facility LC. The Each LC Issuer shall endeavor to exercise the same care in the issuance and administration of the Facility LCs as it does with respect to letters of credit in which no participations are granted, it being understood that in the absence of any gross negligence or willful misconduct by the LC Issuer, each . Each Lender shall be unconditionally and irrevocably liable, liable without regard to the occurrence of the Commitment Termination Date or the Final Termination Date, the occurrence of any Event of Default or Unmatured Event of Default or any condition precedent whatsoever, to reimburse the such LC Issuer on demand for (i) such Xxxxxx’s Pro Rata Share of the amount of each payment made by the such LC Issuer under any each Facility LC with respect to any drawing or other demand for payment made by a beneficiary thereunder to the extent such amount is not reimbursed by the Borrower pursuant to Section 2.16.62.20.6 below, plus (ii) interest on the foregoing amount to be reimbursed by such XxxxxxLender, for each day from the date of the such LC Issuer’s demand for such reimbursement (or, if such demand is made after 11:00 A.M. a.m. on such daydate, from the next succeeding Business Day) to the date on which such Xxxxxx pays the amount to be reimbursed by it, at a rate of interest per annum equal to the Federal Funds Effective Rate for the first three (3) days and, thereafter, at a rate of interest equal to the Base Raterate applicable to Floating Rate Advances.

Appears in 1 contract

Samples: Credit Agreement (Oklahoma Gas & Electric Co)

Administration; Reimbursement by Xxxxxxx. Upon receipt from the beneficiary of any Facility LC of any demand for payment under such Facility LC, the applicable LC Issuer shall notify the Administrative Designated Agent and the Administrative Designated Agent shall promptly notify the Borrower and each other Lender as to the amount to be paid by the such LC Issuer as a result of such demand and the proposed payment date (the “LC Payment Date”). The responsibility of the each LC Issuer to the Borrower and each Lender shall be only to determine that the documents (including each demand for payment) delivered under each Facility LC in connection with such presentment shall be in conformity in all material respects with such Facility LC. The Each LC Issuer shall endeavor to exercise the same care in the issuance and administration of the Facility LCs as it does with respect to letters of credit in which no participations are granted, it being understood that in the absence of any gross negligence or willful misconduct by the such LC Issuer, each Lender shall be unconditionally and irrevocably liable, liable without regard to the occurrence of the Commitment Termination Date or the Final Termination Date, the occurrence of any Event of Default or Unmatured Event of Default or any condition precedent whatsoever, to reimburse the such LC Issuer on demand for (i) such XxxxxxLender’s Pro Rata Share of the amount of each payment made by the such LC Issuer under any each Facility LC to the extent such amount is not reimbursed by the Borrower pursuant to Section 2.16.62.19(f) below and there are not funds available in the Facility LC Collateral Account to cover the same, plus (ii) interest on the foregoing amount to be reimbursed by such XxxxxxLender, for each day from the date of the such LC Issuer’s demand for such reimbursement (or, if such demand is made after 11:00 A.M. a.m. (Eastern time) on such daydate, from the next succeeding Business Day) to the date on which such Xxxxxx pays the amount to be reimbursed by it, at a rate of interest per annum equal to the Federal Funds Effective Rate for the first three (3) days and, thereafter, at a rate of interest equal to the rate applicable to Base Rate.Rate Advances. 4887-5363-3879v24887-5363-3879v.5

Appears in 1 contract

Samples: Credit Agreement (M.D.C. Holdings, Inc.)

Administration; Reimbursement by Xxxxxxx. Upon receipt from the beneficiary of any Facility LC of any demand for payment under such Facility LC, the applicable LC Issuer shall notify the Administrative Agent and the Administrative Agent shall promptly notify the Borrower and each Lender as to the amount to be paid by the such LC Issuer as a result of such demand and the proposed payment date (the “LC Payment Date”). The responsibility of the an LC Issuer to the Borrower and each Lender shall be only to determine that the documents (including each demand for payment) delivered under each Facility LC in connection with such presentment shall be in conformity in all material respects with such Facility LC. The Each LC Issuer shall endeavor to exercise the same care in the issuance and administration of the Facility LCs as it does with respect to letters of credit in which no participations are granted, it being understood that in the absence of any gross negligence or willful misconduct by the applicable LC Issuer, each Lender shall be unconditionally and irrevocably liable, without regard to the occurrence of the Commitment Termination Date or the Final Termination Date(but subject to Section 2.17), the occurrence of any Event of Default or Unmatured Event of Default or any condition precedent whatsoever, to reimburse the such LC Issuer on demand for (i) such Xxxxxx’s Pro Rata Share of the amount of each payment made by the such LC Issuer under any Facility LC to the extent such amount is not reimbursed by the Borrower pursuant to Section 2.16.6, plus (ii) interest on the foregoing amount to be reimbursed by such XxxxxxLender, for each day from the date of the such LC Issuer’s demand for such reimbursement (or, if such demand is made after 11:00 A.M. A.M., New York City time, on such day, from the next succeeding Business Day) to the date on which such Xxxxxx pays the amount to be reimbursed by it, at a rate of interest per annum equal to the Federal Funds Rate for the first three days and, thereafter, at the Base Rate.

Appears in 1 contract

Samples: Credit Agreement

Administration; Reimbursement by Xxxxxxx. Upon receipt from the beneficiary of any Facility LC of any demand for payment under such Facility LC, the applicable LC Issuer shall notify the Administrative Designated Agent and the Administrative Designated Agent shall promptly notify the Borrower and each other Lender as to the amount to be paid by the such LC Issuer as a result of such demand and the proposed payment date (the “LC Payment Date”). The responsibility of the each LC Issuer to the Borrower and each Lender shall be only to determine that the documents (including each demand for payment) delivered under each Facility LC in connection with such presentment shall be in conformity in all material respects with such Facility LC. The Each LC Issuer shall endeavor to exercise the same care in the issuance and administration of the Facility LCs as it does with respect to letters of credit in which no participations are granted, it being understood that in the absence of any gross negligence or willful misconduct by the such LC Issuer, each Lender shall be unconditionally and irrevocably liable, liable without regard to the occurrence of the Commitment Termination Date or the Final Termination Date, the occurrence of any Event of Default or Unmatured Event of Default or any condition precedent whatsoever, to reimburse the such LC Issuer on demand for (i) such XxxxxxLender’s Pro Rata Share of the amount of each payment made by the such LC Issuer under any each Facility LC to the extent such amount is not reimbursed by the Borrower pursuant to Section 2.16.62.19(f) below and there are not funds available in the Facility LC Collateral Account to cover the same, plus (ii) interest on the foregoing amount to be reimbursed by such XxxxxxLender, for each day from the date of the such LC Issuer’s demand for such reimbursement (or, if such demand is made after 11:00 A.M. a.m. (Eastern time) on such daydate, from the next succeeding Business Day) to the date on which such Xxxxxx pays the amount to be reimbursed by it, at a rate of interest per annum equal to the Federal Funds Effective Rate for the first three (3) days and, thereafter, at a rate of interest equal to the rate applicable to Base RateRate Advances.

Appears in 1 contract

Samples: Credit Agreement (M.D.C. Holdings, Inc.)

Administration; Reimbursement by Xxxxxxx. Upon receipt from the beneficiary of any Facility LC of any demand for payment under such Facility LC, the LC Issuer shall notify the Administrative Agent and the Administrative Agent shall promptly notify the Borrower Company and each other Lender as to the amount to be paid by the LC Issuer as a result of such demand and the proposed payment date (the “LC Payment Date”). The responsibility of the LC Issuer to the Borrower Company and each Lender shall be only to determine that the documents (including each demand for payment) delivered under each Facility LC in connection with such presentment shall be in conformity in all material respects with such Facility LC. The LC Issuer shall endeavor to exercise the same care in the issuance and administration of the Facility LCs as it does with respect to letters of credit in which no participations are granted, it being understood that in the absence of any gross negligence or willful misconduct by the LC Issuer, each Lender shall be unconditionally and irrevocably liable, liable without regard to the occurrence of the Commitment Termination Date or the Final Termination Date, the occurrence of any Event of Default or Unmatured Event of Default or any condition precedent whatsoever, to reimburse the LC Issuer on demand for (i) such XxxxxxLender'’s Pro Rata Share of the amount of each payment made by the LC Issuer under any each Facility LC to the extent such amount is not reimbursed by the Borrower Company pursuant to Section 2.16.62.19(f) below, plus (ii) interest on the foregoing amount to be reimbursed by such XxxxxxLender, for each day from the date of the LC Issuer'’s demand for such reimbursement (or, if such demand is made after 11:00 A.M. a.m. (Chicago time) on such daydate, from the next succeeding Business Day) to the date on which such Xxxxxx Lender pays the amount to be reimbursed by it, at a rate of interest per annum equal to the Federal Funds Effective Rate for the first three days and, thereafter, at a rate of interest equal to the Base Raterate applicable to Floating Rate Advances.

Appears in 1 contract

Samples: Credit Agreement (Kelly Services Inc)

Administration; Reimbursement by Xxxxxxx. Upon receipt from the beneficiary of any Facility LC of any demand for payment under such Facility LC, the LC Issuer shall notify the Administrative Agent and the Administrative Agent shall promptly notify the applicable Borrower and each Lender as to the amount to be paid by the LC Issuer as a result of such demand and the proposed payment date (the “LC Payment Date”). The responsibility of the LC Issuer to the applicable Borrower and each Lender shall be only to determine that the documents (including each demand for payment) delivered under each Facility LC in connection with such presentment shall be in conformity in all material respects with such Facility LC. The LC Issuer shall endeavor to exercise the same care in the issuance and administration of the Facility LCs as it does with respect to letters of credit in which no participations are granted, it being understood that in the absence of any gross negligence or willful misconduct by the LC Issuer, each Lender shall be unconditionally and irrevocably liable, without regard to the occurrence of the Commitment Termination Date or the Final Termination DateDate for the applicable Borrower, the occurrence of any Event of Default or Unmatured Event of Default or any condition precedent whatsoever, to reimburse the LC Issuer on demand for for (i) such Xxxxxx’s Pro Rata Share of the amount of each payment made by the LC Issuer under any each Facility LC to the extent ext ent such amount is not reimbursed by the applicable Borrower pursuant to Section 2.16.6, plus (ii) interest on the foregoing amount to be reimbursed by such XxxxxxLender, for each day from the date of the LC Issuer’s demand for such reimbursement (or, if such demand is made after 11:00 A.M. (Chicago time) on such day, from the next succeeding Business Day) to the date on which such Xxxxxx Lender pays the amount to be reimbursed by it, at a rate of interest per annum equal to the Federal Funds Rate for the first three days and, thereafter, at the Base Rate.

Appears in 1 contract

Samples: Credit Agreement

Administration; Reimbursement by Xxxxxxx. Upon receipt from the beneficiary of any Facility LC of any demand for payment under such Facility LC, the LC Issuer shall notify the Administrative Agent and the Administrative Agent shall promptly notify the Borrower Representative and each other Lender as to the amount to be paid by the LC Issuer as a result of such demand and the proposed payment date (the “LC Payment Date”). The responsibility of the LC Issuer to the Borrower Representative, the Borrower and each Lender shall be only to determine that the documents (including each demand for payment) delivered under each Facility LC in connection with such presentment shall be in conformity in all material respects with such Facility LC. The LC Issuer shall endeavor to exercise the same care in the issuance and administration of the Facility LCs as it does with respect to letters of credit in which no participations are granted, it being understood that in the absence of any gross negligence or willful misconduct by the LC Issuer, each Lender shall be unconditionally and irrevocably liable, liable without regard to the occurrence of the Commitment Termination Date or the Final Termination Date, the occurrence of any Event of Default or Unmatured Event of Default or any condition precedent whatsoever, to reimburse the LC Issuer on demand for (i) such XxxxxxLender’s Pro Rata Share of the amount of each payment made by the LC Issuer under any each Facility LC to the extent such amount is not reimbursed by the Borrower pursuant to Section 2.16.62.1.2(e) below, plus (ii) interest on the foregoing amount to be reimbursed by such XxxxxxLender, for each day from the date of the LC Issuer’s demand for such reimbursement (or, if such demand is made after 11:00 A.M. a.m. (Chicago time) on such daydate, from the next succeeding Business Day) to the date on which such Xxxxxx Lender pays the amount to be reimbursed by it, at a rate of interest per annum equal to the Federal Funds NYFRB Rate for the first three days and, thereafter, at a rate of interest equal to the Base Raterate applicable to Floating Rate Advances.

Appears in 1 contract

Samples: Credit Agreement (Star Group, L.P.)

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