Common use of Advances Automatic; Participations Clause in Contracts

Advances Automatic; Participations. (i) In the event that Administrative Agent or any Revolving Lender shall make any payment to an L/C Issuer on or pursuant to any Letter of Credit Obligation, such payment shall then be deemed automatically to constitute an Advance to the Borrower under Section 2.1(a) regardless of whether a Default or Event of Default shall have occurred and be continuing and notwithstanding the Borrower’s failure to satisfy the conditions precedent set forth in Article III, and each Revolving Lender shall be obligated to pay its Pro Rata Share thereof in accordance with this Agreement. The failure of any Revolving Lender to make available to Administrative Agent its Pro Rata Share of any such Advance or payment by Administrative Agent under or in respect of a Letter of Credit shall not relieve any other Revolving Lender of its obligation hereunder to make available to Administrative 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 3 contracts

Samples: Credit and Guaranty Agreement (RadNet, Inc.), First Lien Credit and Guaranty Agreement (RadNet, Inc.), Credit and Guaranty Agreement (RadNet, Inc.)

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Advances Automatic; Participations. (i) In the event that Administrative Agent or any Revolving Lender shall make any payment to an L/C Issuer on or pursuant to any Letter of Credit Obligation, such payment shall then be deemed automatically to constitute an Advance a Revolving Loan to the applicable Borrower under Section 2.1(a2.01(a) of the Agreement regardless of whether a Default or an Event of Default shall have has occurred and be is continuing and notwithstanding the any Borrower’s 's failure to satisfy the conditions precedent set forth in Article IIISection 5.02, and each Revolving 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 Administrative Agent for Administrative Agent's own account its Pro Rata Share of any such Advance Revolving Loan or payment by Administrative Agent under or in respect of a Letter of Credit shall not relieve any other Revolving Lender of its obligation hereunder to make available to Administrative 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 (Barneys New York Inc)

Advances Automatic; Participations. (i) In the event that Administrative Agent or any Revolving Lender L/C Issuer shall make any payment to an L/C Issuer on or pursuant to any Letter of Credit Obligation, such payment shall then be deemed automatically to constitute an a Revolving Credit Advance to the Borrower under Section 2.1(a1.1(a) regardless of whether a Default or Event of Default shall have has occurred and be is continuing and notwithstanding the Borrower’s 's failure to satisfy the conditions precedent set forth in Article IIISection 2, and each Revolving 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 Administrative Agent for Administrative Agent's own account its Pro Rata Share of any such Revolving Credit Advance or payment by Administrative Agent under or in respect of a Letter of Credit shall not relieve any other Revolving Lender of its obligation hereunder to make available to Administrative 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 (Kmart Holding Corp)

Advances Automatic; Participations. (i) In the event that Administrative Agent or any Revolving Lender shall make any payment to an L/C Issuer on or pursuant to any Letter of Credit Obligation, such payment shall then be deemed automatically to constitute an a Revolving Credit Advance to the applicable Borrower under Section 2.1(a1.1(a) of the Agreement regardless of whether a Default or Event of Default shall have occurred and be continuing and notwithstanding the any Borrower’s 's failure to satisfy the conditions precedent set forth in Article IIISection 2, and each Revolving 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 Administrative Agent for Agent's own account its Pro Rata Share of any such Revolving Credit Advance or payment by Administrative Agent under or in respect of a Letter of Credit shall not relieve any other Revolving Lender of its obligation hereunder to make available to Administrative Agent its Pro Rata Share thereof, but no Revolving Lender shall be responsible for the failure 109 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 (Home Products International Inc)

Advances Automatic; Participations. (i) In the event that Administrative Agent or any Revolving Lender shall make any payment to an L/C Issuer on or pursuant to any Letter of Credit Obligation, such payment shall then be deemed automatically to constitute an a Revolving Credit Advance to the applicable Borrower under Section 2.1(a1.1(a) of the Agreement regardless of whether a Default or Event of Default shall have occurred and be continuing and notwithstanding the any Borrower’s 's failure to satisfy the conditions precedent set forth in Article IIISection 2, and each Revolving 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 Administrative Agent for Administrative Agent's own account its Pro Rata Share of any such Revolving Credit Advance or payment by Administrative Agent under or in respect of a Letter of Credit shall not relieve any other Revolving Lender of its obligation hereunder to make available to Administrative 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 (Bon Ton Stores Inc)

Advances Automatic; Participations. (i) In the event that If Administrative Agent or any Revolving Lender shall make any payment to an L/C Issuer on or pursuant to any Letter of Credit Obligation, such payment shall then be deemed automatically to constitute an Advance to the Borrower under Section 2.1(a) regardless of whether a Default or Event of Default shall have occurred and be continuing and notwithstanding the Borrower’s failure to satisfy the conditions precedent set forth in Article IIISection 3, and each Revolving Lender shall be obligated to pay its Pro Rata Share thereof in accordance with this Agreement. The failure of any Revolving Lender to make available to Administrative Agent its Pro Rata Share of any such Advance or payment by Administrative Agent under or in respect of a Letter of Credit shall not relieve any other Revolving Lender of its obligation hereunder to make available to Administrative 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 (Chuy's Holdings, Inc.)

Advances Automatic; Participations. (i) In the event that Administrative ---------------------------------- Agent or any Revolving Lender shall make any payment to an L/C Issuer on or pursuant to any Letter of Credit Obligation, such payment shall then be deemed automatically to constitute an a Revolving Credit Advance to the Borrower under Section 2.1(a1.1(a) of the Agreement -------------- regardless of whether a Default or Event of Default shall have has occurred and be is continuing and notwithstanding the Borrower’s 's failure to satisfy the conditions precedent set forth in Article IIISection 2, and each Revolving 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 Administrative Agent for Agent's own account its Pro Rata Share of any such Revolving Credit Advance or payment by Administrative Agent under or in respect of a Letter of Credit shall not relieve any other Revolving Lender of its obligation hereunder to make available to Administrative 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 (Measurement Specialties Inc)

Advances Automatic; Participations. (i) In the event that Administrative Agent or any Revolving Lender shall make any payment to an L/C Issuer on or pursuant to any Letter of Credit Obligation, such payment shall then be deemed automatically to constitute an a Revolving Credit Advance to the applicable Borrower under Section 2.1(aSECTION 1.1(A) regardless of whether a Default or Event of Default shall have has occurred and be is continuing and notwithstanding the any Borrower’s 's failure to satisfy the conditions precedent set forth in Article IIISECTION 2, and each Revolving 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 Administrative Agent for Agent's own account its Pro Rata Share of any such Revolving Credit Advance or payment by Administrative Agent under or in respect of a Letter of Credit shall not relieve any other Revolving Lender of its obligation hereunder to make available to Administrative 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 (Ddi Corp)

Advances Automatic; Participations. (i) In the event that ---------------------------------- Administrative Agent or any Revolving Lender shall make any payment to an L/C Issuer on or pursuant to any Letter of Credit Obligation, such payment shall then be deemed automatically to constitute an a Revolving Credit Advance to the applicable Borrower under Section 2.1(a------- 1.1(a) of the Agreement regardless of whether a Default or Event of Default ------ shall have occurred and be continuing and notwithstanding the any Borrower’s 's failure to satisfy the conditions precedent set forth in Article IIISection 2, and each Revolving 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 Administrative Agent for Administrative Agent's own account its Pro Rata Share of any such Revolving Credit Advance or payment by Administrative Agent under or in respect of a Letter of Credit shall not relieve any other Revolving Lender of its obligation hereunder to make available to Administrative 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 (Bon Ton Stores Inc)

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Advances Automatic; Participations. (i) In the event that Administrative Agent or any Revolving Lender shall make any payment to an L/C Issuer on or pursuant to any Letter of Credit Obligation, such payment shall then be deemed automatically to constitute an a Revolving Credit Advance to the applicable Borrower under Section 2.1(aSECTION 1.1(a) regardless of whether a Default or Event of Default shall have has occurred and be is continuing and notwithstanding the any Borrower’s 's failure to satisfy the conditions precedent set forth in Article IIISECTION 2, and each Revolving 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 Administrative Agent for Agent's own account its Pro Rata Share of any such Revolving Credit Advance or payment by Administrative Agent under or in respect of a Letter of Credit shall not relieve any other Revolving Lender of its obligation hereunder to make available to Administrative 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 (Ddi Corp)

Advances Automatic; Participations. (i) In the event that Administrative Agent or any Revolving Lender shall make any payment to an L/C Issuer on or pursuant to any Letter of Credit Obligation, such payment shall then be deemed automatically to constitute an a Revolving Credit Advance to the applicable Borrower under Section 2.1(a1.1(a) of B-1 the Agreement regardless of whether a Default or Event of Default shall have has occurred and be is continuing and notwithstanding the any Borrower’s 's failure to satisfy the conditions precedent set forth in Article IIISection 2, and each Revolving 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 Administrative Agent for Agent's own account its Pro Rata Share of any such Revolving Credit Advance or payment by Administrative Agent under or in respect of a Letter of Credit shall not relieve any other Revolving Lender of its obligation hereunder to make available to Administrative 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 (H&e Finance Corp)

Advances Automatic; Participations. (i) In the event that Administrative Agent ---------------------------------- or any Revolving Lender shall make any payment to an L/C Issuer on or pursuant to any Letter of Credit Obligation, such payment shall then be deemed automatically to constitute an a Revolving Credit Advance to the Borrower under Section 2.1(a1.1(a) of the Agreement regardless of -------------- whether a Default or Event of Default shall have occurred and be continuing and notwithstanding the Borrower’s 's failure to satisfy the conditions precedent set forth in Article IIISection 2, and each Revolving 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 Administrative Agent for Agent's own account its Pro Rata Share of any such Revolving Credit Advance or payment by Administrative Agent under or in respect of a Letter of Credit shall not relieve any other Revolving Lender of its obligation hereunder to make available to Administrative 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 (Callaway Golf Co /Ca)

Advances Automatic; Participations. (i) In the event that Administrative Agent or any ---------------------------------- Revolving Lender shall make any payment to an L/C Issuer on or pursuant to any Letter of Credit Obligation, such payment shall then be deemed automatically to constitute an a Revolving Credit Advance to the Borrower under Section 2.1(a1.1(a) of the Agreement regardless of -------------- whether a Default or Event of Default shall have occurred and be continuing and notwithstanding the Borrower’s 's failure to satisfy the conditions precedent set forth in Article IIISection 2, and each Revolving 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 Administrative Agent for Agent's own account its Pro Rata Share of any such Revolving Credit Advance or payment by Administrative Agent under or in respect of a Letter of Credit shall not relieve any other Revolving Lender of its obligation hereunder to make available to Administrative 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 (Callaway Golf Co /Ca)

Advances Automatic; Participations. (i) In the event that Administrative Agent or any Revolving Lender shall make any payment to an L/C Issuer on or pursuant to any Letter of Credit Obligation, such payment shall then be deemed automatically to constitute an a Revolving Credit Advance to the applicable Borrower under Section 2.1(a1.1(a) of the Agreement regardless of whether a Default or Event of Default shall have occurred and be continuing and notwithstanding the any Borrower’s 's failure to satisfy the conditions precedent set forth in Article IIISection 2, and each Revolving 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 Administrative Agent for Agent's own account its Pro Rata Share of any such Revolving Credit Advance or payment by Administrative Agent under or in respect of a Letter of Credit shall not relieve any other Revolving Lender of its obligation hereunder to make available to Administrative 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 (Verdant Brands Inc)

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