Common use of Advances Automatic; Participations Clause in Contracts

Advances Automatic; Participations. (i) In the event that the L/C Issuer makes or is required to make any payment on or pursuant to any Letter of Credit, (1) it shall promptly notify Agent and Borrower thereof, (2) Agent shall pay the L/C Issuer the amount of such payment within one Business Day after receipt of such notice, and (3) such payment shall be deemed to be a Revolving Loan under Section 2.2(a) of this Agreement, regardless of whether a Default or Event of Default has occurred and is continuing and notwithstanding Borrower's failure to satisfy the conditions precedent set forth in Section 4.2, 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 Agent for Agent's own account its Pro Rata Share of any such Revolving Loan or payment by Agent 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 Pro Rata Share of any such payment.

Appears in 2 contracts

Samples: Loan and Security Agreement (Salient Surgical Technologies, Inc.), Loan and Security Agreement (Salient Surgical Technologies, Inc.)

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Advances Automatic; Participations. (i) In the event that the L/C Issuer When Agent makes or is required to make any payment on or pursuant to any Letter of Credit, (1) it shall promptly notify Agent and Borrower thereof, (2) Agent shall pay the Credit Obligation or Eligible Trade L/C Issuer the amount of such payment within one Business Day after receipt of such noticeObligation, and (3) such payment shall then be deemed automatically to be constitute a Swing Line Advance to the extent of Swing Line Availability (and if Swing Line Availability is zero, a Revolving Loan Credit Advance) to Borrower under Section 2.2(a) of this Agreement, Agreement regardless of whether a Default or Event of Default has shall have occurred and is be continuing and notwithstanding Borrower's failure to satisfy the conditions precedent set forth in Section 4.22 of this Agreement, and and, in the case of a Revolving Credit Advance, 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 Agent for Agent's own account its Pro Rata Share of any such Revolving Loan Credit Advance or payment by Agent to the under or in respect of a Letter of Credit or Eligible Trade 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 Pro Rata Share of any such payment.

Appears in 2 contracts

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

Advances Automatic; Participations. (i) In the event that the L/C Issuer makes or is required to make any payment on or pursuant to any Letter of CreditCredit Obligation, (1) it shall promptly notify Agent and Borrower Representative thereof, (2) Agent shall pay the L/C Issuer the amount of such payment within one Business Day after receipt of such notice, and (3) such payment shall be deemed to be a Revolving Loan Credit Advance to the applicable Borrower under Section 2.2(a1.1(a) of this the Agreement, regardless of whether a Default or Event of Default has occurred and is continuing and notwithstanding any Borrower's ’s failure to satisfy the conditions precedent set forth in Section 4.22, 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 Agent for Agent's ’s own account its Pro Rata Share of any such Revolving Loan Credit Advance or payment by Agent 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 2 contracts

Samples: Credit Agreement (Caraustar Industries Inc), Credit Agreement (Caraustar Industries Inc)

Advances Automatic; Participations. (i) In the event that the L/C Issuer When Agent makes or is required to make any payment on or pursuant to any Letter of Credit, (1) it shall promptly notify Agent and Borrower thereof, (2) Agent shall pay the Credit Obligation or Eligible Trade L/C Issuer the amount of such payment within one Business Day after receipt of such noticeObligation, and (3) such payment shall then be deemed automatically to be constitute a Swing Line Advance to the extent of Swing Line Availability (and if Swing Line Availability is zero, a Revolving Loan Credit Advance) to Borrower under Section 2.2(a) of this Agreement, the Agreement regardless of whether a Default or Event of Default has shall have occurred and is be continuing and notwithstanding Borrower's failure to satisfy the conditions precedent set forth in Section 4.22 of the Agreement, and and, in the case of a Revolving Credit Advance, 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 Agent for Agent's own account its Pro Rata Share of any such Revolving Loan Credit Advance or payment by Agent to the under or in respect of a Letter of Credit or Eligible Trade 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 Pro Rata Share of any such payment.

Appears in 1 contract

Samples: Credit Agreement (Wilsons the Leather Experts Inc)

Advances Automatic; Participations. (i) In the event that the L/C Issuer makes or is required to make any payment on or pursuant to any Letter of Credit, (1) it shall promptly notify Agent and Borrower thereof, (2) Agent shall pay the L/C Issuer the amount of such payment within one Business Day after receipt of such notice, and (3) such payment shall be deemed to be a Revolving Loan under Section 2.2(a) of this Agreement, regardless of whether a Default or Event of Default has occurred and is continuing and notwithstanding Borrower's ’s failure to satisfy the conditions precedent set forth in Section 4.2, 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 Agent for Agent's ’s own account its Pro Rata Share of any such Revolving Loan or payment by Agent 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: Loan and Security Agreement (Salient Surgical Technologies, Inc.)

Advances Automatic; Participations. (i) In the event that the L/C Issuer makes or is required to make any payment on or pursuant to any Letter of Credit, (1) it shall promptly notify Agent and Borrower Representative thereof, (2) Agent shall pay the L/C Issuer the amount of such payment within one Business Day after receipt of such notice, and (3) such payment shall be deemed to be a Revolving Loan Credit Advance to the applicable Borrower under Section 2.2(a1.1(a) of this the Agreement, regardless of whether a Default or Event of Default has occurred and is continuing and notwithstanding any Borrower's ’s failure to satisfy the conditions precedent set forth in Section 4.22, 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 Agent for Agent's ’s own account its Pro Rata Share of any such Revolving Loan Credit Advance or payment by Agent 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. (i) In the event that the L/C Issuer makes or is required to make any payment on or pursuant to any Letter of Credit, (1) it shall promptly notify Agent and Borrower thereof, (2) Agent shall pay the L/C Issuer the amount of such payment within one Business Day after receipt of such notice, and (3) such payment shall be deemed to be a Revolving Loan under Section 2.2(a) Letter of this AgreementCredit Obligation, regardless of whether a Default or Event of Default has occurred and is continuing and notwithstanding Borrower's ’s failure to satisfy the conditions precedent set forth in Section 4.22, and each Revolving L/C Lender shall be obligated to pay its Pro Rata Share thereof in accordance with this the Agreement. The failure of any Revolving L/C Lender to make available to Agent for Agent's ’s own account its Pro Rata Share of any such Revolving Loan Letter of Credit Obligation or payment by Agent to the L/C Issuer shall not relieve any other Revolving L/C Lender of its obligation hereunder to make available to Agent its Pro Rata Share thereof, but no Revolving L/C Lender shall be responsible for the failure of any other Revolving L/C Lender to make available such other Revolving L/C Lender's ’s Pro Rata Share of any such payment.

Appears in 1 contract

Samples: Credit Agreement (Comverge, Inc.)

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Advances Automatic; Participations. (i) In the event that the L/C Issuer makes or is required to make any payment on or pursuant to any Letter of Credit, (1) it shall promptly notify Agent and Borrower Representative thereof, (2) Agent shall pay the L/C Issuer the amount of such payment within one Business Day after receipt of such notice, and (3) such payment shall be deemed to be a Revolving Loan Credit Advance to the applicable Borrower under Section 2.2(a1.1(a) of this the Agreement, regardless of whether a Default or Event of Default has occurred and is continuing and notwithstanding any Borrower's ’s failure to satisfy the conditions precedent set forth in Section 4.22, 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 Agent for Agent's ’s own account its Pro Rata Share of any such Revolving Loan Credit Advance or payment by Agent 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 (Huttig Building Products Inc)

Advances Automatic; Participations. (i) In the event that the L/C Issuer makes or is required to make any payment on or pursuant to any Letter of Credit, (1) it shall promptly notify Agent and Borrower Representative thereof, (2) Agent shall pay the L/C Issuer the amount of such payment within one Business Day after receipt of such notice, and (3) such payment shall be deemed to be a Revolving Loan Credit Advance to the applicable Borrower under Section 2.2(a1.1(a) of this the Agreement, regardless of whether a Default or Event of Default has occurred and is continuing and notwithstanding any Borrower's ’s failure to satisfy the conditions precedent set forth in Section 4.22, 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 Agent for Agent's ’s own account its Pro Rata Share of any such Revolving Loan Credit Advance or payment by Agent 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 (Oregon Steel Mills Inc)

Advances Automatic; Participations. (i) In the event that the an L/C Issuer makes or is required to make any payment on or pursuant to any Letter of Credit, (1) it shall promptly notify Agent and Borrower Representative thereof, (2) Agent shall pay the such L/C Issuer the amount of such payment within one Business Day after receipt of such notice, and (3) such payment shall be deemed to be a Revolving Loan Credit Advance to the applicable Borrower under Section 2.2(a1.1(a) of this the Agreement, regardless of whether a Default or Event of Default has occurred and is continuing and notwithstanding any Borrower's ’s failure to satisfy the conditions precedent set forth in Section 4.22, 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 Agent for Agent's ’s own account its Pro Rata Share of any such Revolving Loan Credit Advance or payment by Agent to the applicable 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 (Huttig Building Products Inc)

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