Common use of Advances Automatic; Participations Clause in Contracts

Advances Automatic; Participations. When Agent makes any payment on or pursuant to any Letter of Credit Obligation or Eligible Trade L/C Obligation, such payment shall then be deemed automatically to constitute a Swing Line Advance to the extent of Swing Line Availability (and if Swing Line Availability is zero, a Revolving Credit Advance) to Borrower under this Agreement regardless of whether a Default or Event of Default shall have occurred and be continuing and notwithstanding Borrower's failure to satisfy the conditions precedent set forth in Section 2 of this Agreement, and, in the case of a Revolving Credit Advance, each Lender shall be obligated to pay its Pro Rata Share thereof in accordance with this Agreement. The failure of any Lender to make available to Agent for Agent's own account its Pro Rata Share of any such Revolving Credit Advance or payment by Agent under or in respect of a Letter of Credit or Eligible Trade L/C shall not relieve any other Lender of its obligation hereunder to make available to Agent its Pro Rata Share thereof, but no Lender shall be responsible for the failure of any other Lender to make available such other Lender's Pro Rata Share of any such payment.

Appears in 2 contracts

Samples: Credit Agreement (Wilsons the Leather Experts Inc), Credit Agreement (Wilsons the Leather Experts Inc)

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Advances Automatic; Participations. When Agent In the event that the L/C Issuer makes or is required to make any payment on or pursuant to any Letter of Credit Obligation or Eligible Trade Credit, (1) it shall promptly notify Agent and Borrower Representative thereof, (2) Agent shall pay the L/C ObligationIssuer the amount of such payment within one Business Day after receipt of such notice, and (3) such payment shall then be deemed automatically to constitute be a Swing Line Revolving Credit Advance to the extent of Swing Line Availability (and if Swing Line Availability is zero, a Revolving Credit Advance) to applicable Borrower under this Agreement Section 1.1(a) of the Agreement, regardless of whether a Default or Event of Default shall have has occurred and be is continuing and notwithstanding any Borrower's ’s failure to satisfy the conditions precedent set forth in Section 2 of this Agreement2, and, in the case of a Revolving Credit Advance, and each Lender shall be obligated to pay its Pro Rata Share thereof in accordance with this the Agreement. The failure of any Lender to make available to Agent for Agent's ’s own account its Pro Rata Share of any such Revolving Credit Advance or payment by Agent under or in respect of a Letter of Credit or Eligible Trade to the L/C Issuer shall not relieve any other Lender of its obligation hereunder to make available to Agent its Pro Rata Share thereof, but no Lender shall be responsible for the failure of any other Lender to make available such other Lender's ’s Pro Rata Share of any such payment.

Appears in 1 contract

Samples: Credit Agreement (Huttig Building Products Inc)

Advances Automatic; Participations. When In the event that Agent makes or any Revolving Lender shall make any payment on or pursuant to any Letter of Credit Obligation or Eligible Trade L/C Obligation(including without limitation any Letter of Credit Obligation relating to a Letter of Credit issued pursuant to the Existing Credit Agreement), such payment shall then be deemed automatically to constitute a Swing Line Advance to the extent of Swing Line Availability (and if Swing Line Availability is zero, a Revolving Credit AdvanceAdvance under Section 1.1 (a) to Borrower under this of the Agreement regardless of whether a Default or Event of Default shall have has occurred and be is continuing and notwithstanding Borrower's ’s failure to satisfy the conditions precedent set forth in Section 2 of this Agreement2, and, in the case of a and each Revolving Credit Advance, each Lender shall be obligated to pay its Pro Rata Share thereof in accordance with this the Agreement. The failure of any Revolving Lender to make available to Agent for Agent's ’s own account its Pro Rata Share of any such Revolving Credit Advance or payment by Agent under or in respect of a Letter of Credit or Eligible Trade L/C shall not relieve any other Revolving Lender of its obligation hereunder to make available to Agent its Pro Rata Share thereof, but no Revolving Lender shall be responsible for the failure of any other Revolving Lender to make available such other Revolving Lender's ’s Pro Rata Share of any such payment.

Appears in 1 contract

Samples: Credit Agreement (Butler International Inc /Md/)

Advances Automatic; Participations. When Agent In the event that the L/C Issuer makes or is required to make any payment on or pursuant to any Letter of Credit Obligation or Eligible Trade Credit, (1) it shall promptly notify Agent and Borrower thereof, (2) Agent shall pay the L/C ObligationIssuer the amount of such payment within one Business Day after receipt of such notice, and (3) such payment shall then be deemed automatically to constitute be a Swing Line Advance to the extent Letter of Swing Line Availability (and if Swing Line Availability is zeroCredit Obligation, a Revolving Credit Advance) to Borrower under this Agreement regardless of whether a Default or Event of Default shall have has occurred and be is continuing and notwithstanding Borrower's ’s failure to satisfy the conditions precedent set forth in Section 2 of this Agreement2, and, in the case of a Revolving Credit Advance, and each L/C Lender shall be obligated to pay its Pro Rata Share thereof in accordance with this the Agreement. The failure of any L/C Lender to make available to Agent for Agent's ’s own account its Pro Rata Share of any such Revolving Letter of Credit Advance Obligation or payment by Agent under or in respect of a Letter of Credit or Eligible Trade to the L/C Issuer shall not relieve any other L/C Lender of its obligation hereunder to make available to Agent its Pro Rata Share thereof, but no L/C Lender shall be responsible for the failure of any other L/C Lender to make available such other L/C Lender's ’s Pro Rata Share of any such payment.

Appears in 1 contract

Samples: Credit Agreement (Comverge, Inc.)

Advances Automatic; Participations. When In the event that Agent makes or any Lender shall make any payment on or pursuant to any Letter of Credit Obligation or Eligible Trade L/C Obligation, such payment shall then be deemed automatically to constitute a Swing Line Revolving Credit Advance to the extent of Swing Line Availability (and if Swing Line Availability is zero, a Revolving Credit Advance) to applicable Borrower under this Agreement Section 1.1(a) regardless of whether a Default or Event of Default shall have has occurred and be is continuing and notwithstanding such Borrower's failure to satisfy the conditions precedent set forth in Section 2 of this Agreement2, and, in the case of a Revolving Credit Advance, and each Lender shall be obligated to pay its Pro Rata Share thereof in accordance with this the Agreement. The failure of any Lender to make available to Agent for the L/C Issuer's or Agent's 's, as applicable, own account its Pro Rata Share of any such Revolving Credit Advance or payment by Agent the L/C Issuer or Agent, as applicable, under or in respect of a Letter of Credit or Eligible Trade L/C shall not relieve any other Lender of its obligation hereunder to make available to Agent its Pro Rata Share thereof, but no Lender shall be responsible for the failure of any other Lender to make available such other Lender's Pro Rata Share of any such payment.

Appears in 1 contract

Samples: Debtor in Possession Credit Agreement (Mirant Corp)

Advances Automatic; Participations. When Agent makes any payment on or pursuant to any Letter of Credit Obligation or Eligible Trade L/C Obligation, such payment shall then be deemed automatically to constitute a Swing Line Advance to the extent of Swing Line Availability (and if Swing Line Availability is zero, a Revolving Credit Advance) to Borrower under this Agreement regardless of whether a Default or Event of Default shall have occurred and be continuing and notwithstanding Borrower's ’s failure to satisfy the conditions precedent set forth in Section 2 of this Agreement, and, in the case of a Revolving Credit Advance, each Lender shall be obligated to pay its Pro Rata Share thereof in accordance with this Agreement. The failure of any Lender to make available to Agent for Agent's ’s own account its Pro Rata Share of any such Revolving Credit Advance or payment by Agent under or in respect of a Letter of Credit or Eligible Trade L/C shall not relieve any other Lender of its obligation hereunder to make available to Agent its Pro Rata Share thereof, but no Lender shall be responsible for the failure of any other Lender to make available such other Lender's ’s Pro Rata Share of any such payment.

Appears in 1 contract

Samples: Credit Agreement (Wilsons the Leather Experts Inc)

Advances Automatic; Participations. When Agent makes any ---------------------------------- payment on or pursuant to any Letter of Credit Obligation or Eligible Trade L/C Obligation, such payment shall then be deemed automatically to constitute a Swing Line Advance to the extent of Swing Line Availability (and if Swing Line Availability is zero, a Revolving Credit Advance) to Borrower under this the Agreement regardless of whether a Default or Event of Default shall have occurred and be continuing and notwithstanding Borrower's failure to satisfy the conditions precedent set forth in Section 2 of this the Agreement, and, in the case --------- of a Revolving Credit Advance, each Lender shall be obligated to pay its Pro Rata Share thereof in accordance with this the Agreement. The failure of any Lender to make available to Agent for Agent's own account its Pro Rata Share of any such Revolving Credit Advance or payment by Agent under or in respect of a Letter of Credit or Eligible Trade L/C shall not relieve any other Lender of its obligation hereunder to make available to Agent its Pro Rata Share thereof, but no Lender shall be responsible for the failure of any other Lender to make available such other Lender's Pro Rata Share of any such payment.

Appears in 1 contract

Samples: Credit Agreement (Wilsons the Leather Experts Inc)

Advances Automatic; Participations. When Agent In the event that the L/C Issuer makes or is required to make any payment on or pursuant to any Letter of Credit Obligation or Eligible Trade Credit, (1) it shall promptly notify Agent and Borrower Representative thereof, (2) Agent shall pay the L/C ObligationIssuer the amount of such payment within one Business Day after receipt of such notice, (3) such payment shall then be deemed automatically to constitute be a Swing Line Revolving Credit Advance to the extent of Swing Line Availability (and if Swing Line Availability is zero, a Revolving Credit Advance) to applicable Borrower under this Agreement Section 1.1(a) of the Agreement, regardless of whether a Default or Event of Default shall have has occurred and be is continuing and notwithstanding any Borrower's ’s failure to satisfy the conditions precedent set forth in Section 2 of this Agreement2, and, in the case of a Revolving Credit Advance, and each Lender shall be obligated to pay its Pro Rata Share thereof in accordance with this the Agreement. The failure of any Lender to make available to Agent for Agent's ’s own account its Pro Rata Share of any such Revolving Credit Advance or payment by Agent under or in respect of a Letter of Credit or Eligible Trade to the L/C Issuer shall not relieve any other Lender of its obligation hereunder to make available to Agent its Pro Rata Share thereof, but no Lender shall be responsible for the failure of any other Lender to make available such other Lender's ’s Pro Rata Share of any such payment.

Appears in 1 contract

Samples: Credit Agreement (Oregon Steel Mills Inc)

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Advances Automatic; Participations. When Agent In the event that an L/C Issuer makes or is required to make any payment on or pursuant to any Letter of Credit Obligation or Eligible Trade Credit, (1) it shall promptly notify Agent and Borrower Representative thereof, (2) Agent shall pay such L/C ObligationIssuer the amount of such payment within one Business Day after receipt of such notice, and (3) such payment shall then be deemed automatically to constitute be a Swing Line Revolving Credit Advance to the extent of Swing Line Availability (and if Swing Line Availability is zero, a Revolving Credit Advance) to applicable Borrower under this Agreement Section 1.1(a) of the Agreement, regardless of whether a Default or Event of Default shall have has occurred and be is continuing and notwithstanding any Borrower's ’s failure to satisfy the conditions precedent set forth in Section 2 of this Agreement2, and, in the case of a Revolving Credit Advance, and each Lender shall be obligated to pay its Pro Rata Share thereof in accordance with this the Agreement. The failure of any Lender to make available to Agent for Agent's ’s own account its Pro Rata Share of any such Revolving Credit Advance or payment by Agent under or in respect of a Letter of Credit or Eligible Trade to the applicable L/C Issuer shall not relieve any other Lender of its obligation hereunder to make available to Agent its Pro Rata Share thereof, but no Lender shall be responsible for the failure of any other Lender to make available such other Lender's ’s Pro Rata Share of any such payment.

Appears in 1 contract

Samples: Credit Agreement (Huttig Building Products Inc)

Advances Automatic; Participations. When Agent makes any payment on or pursuant to any Letter of Credit Obligation or Eligible Trade L/C Obligation, such payment shall then be deemed automatically to constitute a Swing Line Advance to the extent of Swing Line Availability (and if Swing Line Availability is zero, a Revolving Credit Advance) to Borrower under this the Agreement regardless of whether a Default or Event of Default shall have occurred and be continuing and notwithstanding Borrower's failure to satisfy the conditions precedent set forth in Section 2 of this the Agreement, and, in the case of a Revolving Credit Advance, each Lender shall be obligated to pay its Pro Rata Share thereof in accordance with this the Agreement. The failure of any Lender to make available to Agent for Agent's own account its Pro Rata Share of any such Revolving Credit Advance or payment by Agent under or in respect of a Letter of Credit or Eligible Trade L/C shall not relieve any other Lender of its obligation hereunder to make available to Agent its Pro Rata Share thereof, but no Lender shall be responsible for the failure of any other Lender to make available such other Lender's Pro Rata Share of any such payment.

Appears in 1 contract

Samples: Credit Agreement (Wilsons the Leather Experts Inc)

Advances Automatic; Participations. When Agent In the event that the L/C Issuer makes or is required to make any payment on or pursuant to any Letter of Credit Obligation or Eligible Trade Credit, (1) it shall promptly notify Agent and Borrower Representative thereof, (2) Agent shall pay the L/C ObligationIssuer the amount of such payment within one Business Day after receipt of such notice, (3) such payment shall then be deemed automatically to constitute be a Swing Line Revolving Credit Advance to the extent of Swing Line Availability (and if Swing Line Availability is zero, a Revolving Credit Advance) to applicable Borrower under this Agreement Section 1.1(a) of the Agreement, regardless of whether a Default or Event of Default shall have has occurred and be is continuing and notwithstanding any Borrower's ’s failure to satisfy the conditions precedent set forth in Section 2 of this Agreement2, and, in the case of a and each Revolving Credit Advance, each Lender shall be obligated to pay its Pro Rata Share thereof in accordance with this the Agreement. The failure of any Revolving Lender to make available to Agent for Agent's ’s own account its Pro Rata Share of any such Revolving Credit Advance or payment by Agent under or in respect of a Letter of Credit or Eligible Trade to the L/C Issuer shall not relieve any other Revolving Lender of its obligation hereunder to make available to Agent its Pro Rata Share thereof, but no Revolving Lender shall be responsible for the failure of any other Revolving Lender to make available such other Revolving Lender's ’s Pro Rata Share of any such payment.

Appears in 1 contract

Samples: Credit Agreement (Handleman Co /Mi/)

Advances Automatic; Participations. When In the event that Agent makes or any Revolving Lender shall make any payment on or pursuant to any Letter of Credit Obligation or Eligible Trade L/C Obligation(including without limitation any Letter of Credit Obligation relating to a Letter of Credit issued pursuant to the Existing Credit Agreement), such payment shall then be deemed automatically to constitute a Swing Line Advance to the extent of Swing Line Availability (and if Swing Line Availability is zero, a Revolving Credit AdvanceAdvance under Section 1.1(a) to Borrower under this of the Agreement regardless of whether a Default or Event of Default shall have has occurred and be is continuing and notwithstanding Borrower's failure to satisfy the conditions precedent set forth in Section 2 of this Agreement2, and, in the case of a and each Revolving Credit Advance, each Lender shall be obligated to pay its Pro Rata Share thereof in accordance with this the Agreement. The failure of any Revolving Lender to make available to Agent for Agent's own account its Pro Rata Share of any such Revolving Credit Advance or payment by Agent under or in respect of a Letter of Credit or Eligible Trade L/C shall not relieve any other Revolving Lender of its obligation hereunder to make available to Agent its Pro Rata Share thereof, but no Revolving Lender shall be responsible for the failure of any other Revolving Lender to make available such other Revolving Lender's Pro Rata Share of any such payment.

Appears in 1 contract

Samples: Credit Agreement (Butler International Inc /Md/)

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