Borrower’s Reimbursement Obligations. (i) The Borrower hereby irrevocably and unconditionally agrees to reimburse each Issuing Bank for each payment or disbursement made by such Issuing Bank to settle its obligations under any draft drawn or other payment made under a Letter of Credit (a “Reimbursement Obligation”) within two (2) Business Days from when such draft is paid or other payment is made with either funds not borrowed hereunder or with a Borrowing made pursuant to Section 2.3 and the other terms and conditions contained in this Agreement. The Borrower’s Reimbursement Obligation shall apply to all Letters of Credit issued hereunder, regardless of whether the obligations supported by such Letters of Credit are those of the Borrower, any other Member of the Consolidated Group, or any other Person. The Reimbursement Obligation shall bear interest (which the Borrower hereby promises to pay) from and after the date such draft is paid or other payment is made until (but excluding the date) the Reimbursement Obligation is paid at the lesser of (x) the Highest Lawful Rate, or (y) the Alternate Base Rate plus the Applicable Margin for Base Rate Loans then in effect (in the case of a Letter of Credit payable in Dollars) or the rate of interest that would then be applicable hereunder to a Eurocurrency Loan with an Interest Period of one month plus the Applicable Margin for Eurocurrency Loans then in effect (in the case of a Letter of Credit payable in any Alternative Currency), in each case so long as the Reimbursement Obligation shall not be past due, and thereafter at the default rate per annum as set forth in Section 2.7(c), whether or not the Commitment Termination Date shall have occurred. If any such payment or disbursement is reimbursed to such Issuing Bank on the date such payment or disbursement is made by such Issuing Bank, interest shall be paid to such Issuing Bank on the reimbursed amount for one (1) day. Each Issuing Bank shall give the Borrower notice of any drawing on a Letter of Credit issued by it within one (1) Business Day after such drawing is paid.
Appears in 2 contracts
Samples: Credit Agreement (Transocean Ltd.), Credit Agreement (Transocean Ltd.)
Borrower’s Reimbursement Obligations. (i) The Borrower hereby irrevocably and unconditionally agrees to reimburse each the Issuing Bank Bank, for the benefit of the Revolving Lenders, for each payment or disbursement made by such the Issuing Bank to settle its obligations under any draft drawn or other payment made under a Letter of Credit (each, a “Reimbursement Obligation”"REIMBURSEMENT OBLIGATION") within two (2) Business Days from when such draft is paid or other payment is made with either funds not borrowed hereunder or with a Borrowing made pursuant borrowing subject to Section 2.3 2.4 and the other terms and conditions contained in this Agreement. The Borrower’s Reimbursement Obligation shall apply to all Letters of Credit issued hereunder, regardless of whether the obligations supported by such Letters of Credit are those of the Borrower, any other Member of the Consolidated Group, or any other Person. The Reimbursement Obligation shall bear interest (which the Borrower hereby promises to pay) from and after the date such draft is paid or other payment is made until (but excluding the date) the Reimbursement Obligation is paid at the lesser of (x) the Highest Maximum Lawful Rate, or (y) the Alternate Base Rate plus the Applicable Margin for Base Rate Loans then in effect (in the case of a Letter of Credit payable in Dollars) or the rate of interest that would then be Variable Rate applicable hereunder to a Eurocurrency Loan with an Interest Period of one month plus the Applicable Margin for Eurocurrency Revolving Loans then in effect (in the case of a Letter of Credit payable in any Alternative Currency), in each case so long as the Reimbursement Obligation shall not be past due, and thereafter at the default rate per annum as set forth in Section 2.7(c3.3(b), whether or not the Commitment Termination Revolving Maturity Date shall have occurred. If any such payment or disbursement is reimbursed to such the Issuing Bank on the date such payment or disbursement is made by such the Issuing Bank, interest shall be paid to such Issuing Bank on the reimbursed reimbursable amount for one (1) day. Each The Issuing Bank shall give the Borrower notice of any drawing on a Letter of Credit issued by it within one (1) Business Day after such drawing is paid.
Appears in 1 contract
Samples: Secured Revolving and Term Loan Agreement (American Residential Services Inc)
Borrower’s Reimbursement Obligations. Subject to Section 1.2(b) and (ic) The hereof, the obligation of the Borrower hereby irrevocably and unconditionally agrees to reimburse the Revolver Issuer or Bond Letter of Credit Issuer (each an "Issuing Bank Bank"), as applicable, for each payment or disbursement made by such Issuing Bank to settle its obligations under any draft drawn or other payment made all drawings under a Letter of Credit it has issued (a “"Reimbursement Obligation”") within two (2) Business Days from when shall be governed by the Application or Reimbursement Agreement, as applicable, for such draft is paid or other payment is made with either funds not borrowed hereunder or with a Borrowing made pursuant to Section 2.3 and Letter of Credit except that reimbursement of drawings under the other terms and conditions contained in this Agreement. The Borrower’s Reimbursement Obligation shall apply to all Revolver Letters of Credit issued hereundershall be made to the Agent, regardless of whether not the obligations supported Revolver Issuer, by no later than 12:00 Noon (Chicago time) on the date when such Letters of Credit are those of drawing is paid in immediately available funds at the BorrowerAgent's principal office in Chicago, any other Member of Illinois, and the Consolidated Group, or any other PersonAgent shall promptly thereafter remit such payment in like funds as received to the Revolver Issuer. The Reimbursement Obligation shall bear interest (which If the Borrower hereby promises to pay) from and after does not make any such reimbursement payment on the date such draft is paid or other payment is made until (but excluding due and the date) the Reimbursement Obligation is paid at the lesser of (x) the Highest Lawful Rate, or (y) the Alternate Base Rate plus the Applicable Margin for Base Rate Loans then in effect (Participating Banks fund their participations therein in the case of a Letter of Credit payable in Dollars) or the rate of interest that would then be applicable hereunder to a Eurocurrency Loan with an Interest Period of one month plus the Applicable Margin for Eurocurrency Loans then in effect (in the case of a Letter of Credit payable in any Alternative Currency), in each case so long as the Reimbursement Obligation shall not be past due, and thereafter at the default rate per annum as manner set forth in Section 2.7(c)1.2(e) below, whether or not then all payments thereafter received by the Commitment Termination Date shall have occurred. If Agent in discharge of any such payment or disbursement is reimbursed to such Issuing Bank on of the date such payment or disbursement is made by such Issuing Bank, interest relevant Reimbursement Obligations shall be paid distributed ratably to such Issuing each Bank on the reimbursed amount for one (1) dayhereunder in accordance with its Percentage. Each Issuing Bank shall give the Borrower notice of any drawing on a The Bond Letter of Credit issued by it within one (1) Issuer will notify the Agent no later than the Business Day after the due date of any Reimbursement Obligation if it has not received payment of such drawing is paid.Reimbursement Obligation and promptly after it becomes aware of any other "default" or "event of default" under a Reimbursement Agreement. The Agent shall promptly forward to each Bank any such notice it receives from the Bond Letter of Credit Issuer. The Borrower's reimbursement obligations under this Section 1.2(d) and each Application and Reimbursement Agreement shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Agreement, the Applications, and the Reimbursement Agreements, under all circumstances whatsoever, including without limitation the following circumstances:
Appears in 1 contract
Samples: Credit Agreement (Allen Group Inc)
Borrower’s Reimbursement Obligations. (i) The Borrower hereby irrevocably and unconditionally agrees to reimburse each Issuing Bank in the applicable Accepted Currency in which the applicable Letter of Credit is denominated (or, if relating to a Letter of Credit denominated in a Discretionary Foreign Currency, in the Dollar Equivalent thereof) for each payment or disbursement made by such Issuing Bank to settle its obligations under any draft drawn or other payment made under a Letter of Credit (a “Reimbursement Obligation”) within two (2) Business Days from when Borrower has been notified in writing by the Administrative Agent or such Issuing Bank that such draft is paid or other payment is made with either funds not borrowed hereunder or with a Borrowing made pursuant to Section 2.3 2.03 and the other terms and conditions contained in this Agreement. The Borrower’s Reimbursement Obligation shall apply to all Letters of Credit issued hereunder, regardless of whether the obligations supported by such Letters of Credit are those of the Borrower, any other Member of the Consolidated GroupGuarantor, or any other Person. The Reimbursement Obligation shall bear interest (which the Borrower hereby promises to pay) from and after the date such draft is paid or other payment is made until (but excluding the date) the Reimbursement Obligation is paid at the lesser of (x) the Highest Lawful Rate, or (y) the Alternate Base Rate plus the Applicable Margin for Base Rate ABR Loans then in effect (in the case of a Letter of Credit payable in Dollars) or the rate of interest that would then be applicable hereunder to a Eurocurrency Loan with an Interest Period of one month plus the Applicable Margin for Eurocurrency Loans then in effect (in the case of a Letter of Credit payable in any Alternative Currency)effect, in each case so long as the Reimbursement Obligation shall not be past due, and thereafter at the default rate Default Rate per annum as set forth in Section 2.7(c)2.06, whether or not the Commitment Termination Maturity Date shall have occurred. If any such payment or disbursement is reimbursed to such Issuing Bank on the date such payment or disbursement is made by such Issuing Bank, interest shall be paid to such Issuing Bank on the reimbursed amount for one (1) day. Each Issuing Bank shall give the Borrower notice of any drawing on a Letter of Credit issued by it within one (1) Business Day after such drawing is paid.
Appears in 1 contract
Borrower’s Reimbursement Obligations. (i) The i)The Borrower hereby irrevocably and unconditionally agrees to reimburse each Issuing Bank for each payment or disbursement made by such Issuing Bank to settle its obligations under any draft drawn or other payment made under a Letter of Credit (a “Reimbursement Obligation”) within two twoone (221) Business Days DaysDay from when such draft is paid or other payment is made with either funds not borrowed hereunder or with a Borrowing made pursuant to Section 2.3 and the other terms and conditions contained in this Agreement. The Borrower’s Reimbursement Obligation shall apply to all Letters of Credit issued hereunder, regardless of whether the obligations supported by such Letters of Credit are those of the Borrower, any other Member of the Consolidated Group, or any other Person. The Reimbursement Obligation shall bear interest (which the Borrower hereby promises to pay) from and after the date such draft is paid or other payment is made until (but excluding the date) the Reimbursement Obligation is paid at the lesser of (x) the Highest Lawful Rate, or (y) the Alternate Base Rate plus the Applicable Margin for Base Rate Loans then in effect (in the case of a Letter of Credit payable in Dollars) or the rate of interest that would then be applicable hereunder to a Eurocurrency EurocurrencySOFR Loan with an Interest Period of one month plus the Applicable Margin for Eurocurrency EurocurrencySOFR Loans then in effect (in the case of a Letter of Credit payable in any Alternative Currency), in each case so long as the Reimbursement Obligation shall not be past due, and thereafter at the default rate per annum as set forth in Section 2.7(c), whether or not the Commitment Termination Date shall have occurred. If any such payment or disbursement is reimbursed to such Issuing Bank on the date such payment or disbursement is made by such Issuing Bank, interest shall be paid to such Issuing Bank on the reimbursed amount for one (1) day. Each Issuing Bank shall give the Borrower notice of any drawing on a Letter of Credit issued by it within one (1) Business Day after such drawing is paid.
Appears in 1 contract
Samples: Credit Agreement (Transocean Ltd.)
Borrower’s Reimbursement Obligations. (i) The i)The Borrower hereby irrevocably and unconditionally agrees to reimburse each Issuing Bank for each payment or disbursement made by such Issuing Bank to settle its obligations under any draft drawn or other payment made under a Letter of Credit (a “Reimbursement Obligation”) within two (2) Business Days from when such draft is paid or other payment is made with either funds not borrowed hereunder or with a Borrowing made pursuant to Section 2.3 and the other terms and conditions contained in this Agreement. The Borrower’s Reimbursement Obligation shall apply to all Letters of Credit issued hereunder, regardless of whether the obligations supported by such Letters of Credit are those of the Borrower, any other Member of the Consolidated Group, or any other Person. The Reimbursement Obligation shall bear interest (which the Borrower hereby promises to pay) from and after the date such draft is paid or other payment is made until (but excluding the date) the Reimbursement Obligation is paid at the lesser of (x) the Highest Lawful Rate, or (y) the Alternate Base Rate plus the Applicable Margin for Base Rate Loans then in effect (in the case of a Letter of Credit payable in Dollars) or the rate of interest that would then be applicable hereunder to a Eurocurrency Loan with an Interest Period of one month plus the Applicable Margin for Eurocurrency Loans then in effect (in the case of a Letter of Credit payable in any Alternative Currency), in each case so long as the Reimbursement Obligation shall not be past due, and thereafter at the default rate per annum as set forth in Section 2.7(c), whether or not the Commitment Termination Date shall have occurred. If any such payment or disbursement is reimbursed to such Issuing Bank on the date such payment or disbursement is made by such Issuing Bank, interest shall be paid to such Issuing Bank on the reimbursed amount for one (1) day. Each Issuing Bank shall give the Borrower notice of any drawing on a Letter of Credit issued by it within one (1) Business Day after such drawing is paid.
Appears in 1 contract
Samples: Credit Agreement (Transocean Ltd.)