Currency Conversions and Contingent Funding Agreement. (a) Each of the Banks hereby unconditionally and irrevocably agrees to purchase (in Dollars) an undivided participating interest in its ratable share, determined by reference to its Commitment Percentage, of all Revolving Credit Loans denominated in an Optional Currency made by the Fronting Bank as the Agent may at any time request, provided that: (i) the Agent and the Fronting Bank hereby agree that, unless an Event of Default has occurred and is continuing or a Fronting Loan Event has occurred, such Persons will not request any such purchase of participating interests; and (ii) in the event that any Event of Default specified in ss.ss.13.1(g) or (h) shall have occurred with respect to Borrowers, each Bank shall be deemed to have purchased, automatically and without request, such participating interest in the Revolving Credit Loans denominated in an Optional Currency made by the Fronting Bank to the applicable Subsidiary Borrower. Any such request shall be made in writing to each Bank and shall specify the amount of Dollars (based upon the actual exchange rate at which the Agent anticipates being able to obtain the relevant Optional Currency on the relevant date, with any excess payment being refunded to the Banks and any deficiency remaining payable by the Banks) required from such Bank in order to effect the purchase by such Bank of a participating interest in the amount equal to its Commitment Percentage times the aggregate then outstanding principal amount (in the applicable Optional Currency) of the Revolving Credit Loans denominated in an Optional Currency which have been fronted by the Fronting Bank. Promptly upon receipt of such request, each Bank shall deliver to the Agent (in immediately available funds) the amount so specified by the Agent. The Agent shall convert such amounts into the relevant Optional Currency and shall promptly deliver the proceeds of such conversion to the Fronting Bank in immediately available funds. Promptly following receipt thereof, the Fronting Bank will deliver to each Bank (through the Agent) a certificate setting forth the amount of the Revolving Credit Loans purchased by such Bank, dated the date of receipt of such funds and in such amount. From and after such purchase, (i) all outstanding Revolving Credit Loans (whether denominated in Dollars or the relevant Optional Currency and including those Revolving Credit Loans advanced by the Fronting Bank) shall be deemed to have been converted into Base Rate Loans denominated in Dollars (with such conversion constituting, for purposes of ss.5.10, a conversion of a Revolving Credit Loan of one Type into a Revolving Credit Loan of another Type prior to the expiration of the relevant Interest Period), (ii) any further Revolving Credit Loans to be made to the Subsidiary Borrowers shall be made in Dollars by each Bank in accordance with each such Bank's Commitment Percentage, (iii) all amounts from time to time accruing, and all amounts from time to time payable, on account of such Revolving Credit Loans (including any interest and other amounts which were accrued but unpaid on the date of such purchase) shall be payable in Dollars as if such Revolving Credit Loans had originally been made in Dollars and shall be distributed by the Agent to the Banks, on account of such participating interests. Notwithstanding anything to the contrary contained in this ss.2.11, the failure of any Bank to purchase its participating interest in any Revolving Credit Loans shall not relieve any other Bank of its obligations hereunder to purchase its participating interest in a timely manner, but no Bank shall be responsible for the failure of any other Bank to purchase the participating interest to be purchased by such other Banks on any date. (b) If any amount required to be paid by any Bank pursuant to ss.2.11.3(a) is not paid to the Agent within one (1) Business Day following the date upon which such Bank receives a request from the Agent that such Bank fund its participating interest relating to such Revolving Credit Loan, such Bank shall pay to the Agent on demand an amount equal to the product of (i) such amount, times (ii) the daily average federal funds rate, as quoted by the Agent, during the period from and including the date such payment is required to be made to the date on which such payment is immediately available to the Agent, times (iii) a fraction the numerator of which is the number of days that elapse during such period and the denominator of which is 360. If any such amount required to be paid by any Bank pursuant to ss.2.11.3(a) is not in fact made available to the Agent within three (3) Business Days following the date upon which such Bank receives a request from the Agent that such Bank fund its participating interest relating to such Revolving Credit Loan, the Agent shall be entitled to recover from the applicable Subsidiary Borrower, on demand, such amount with interest thereon calculated from such due date at the rate per annum applicable to Revolving Credit Loans which are Base Rate Loans. A certificate from the Agent submitted to any Bank with respect to any amounts owing under this ss.2.11.3(b) shall be conclusive in the absence of manifest error. Amounts payable by any Bank pursuant to this ss.2.11.3(b) shall be paid to the Agent, for the account of the Fronting Bank; provided that, if the Agent (in its sole discretion) has elected to fund on behalf of such Bank the amounts owing to the Fronting Bank, then the amounts shall be paid to the Agent, for its own account. (c) Whenever, at any time after the Fronting Bank has received from any Bank such Bank's participating interest in a Revolving Credit Loan pursuant to ss.2.11.3(b) above, the Fronting Bank receives any payment on account thereof, such Fronting Bank will distribute to the Agent, for the account of such Bank, such Bank's participating interest in such amount (appropriately adjusted, in the case of interest payments, to reflect the period of time during which such Bank's participating interest was outstanding and funded) in like funds received; provided, however, that in the event that any such payment received by the Fronting Bank is required to be returned, such Bank will return to the Fronting Bank any portion thereof previously distributed by the Fronting Bank to the Bank in like funds as such payment is required to be returned by the Fronting Bank. (d) Each Bank's obligation to purchase participating interests pursuant to this ss.
Appears in 1 contract
Currency Conversions and Contingent Funding Agreement. (a) Each of the Banks Lenders hereby unconditionally and irrevocably agrees to purchase (in Dollars, or at the Fronting Bank's option with respect to Revolving Credit Loans denominated in Pounds Sterling or Euros, in Pounds Sterling or Euros, as the case may be) an undivided participating interest in its ratable share, determined by reference to its Commitment Percentage, of all Revolving Credit Loans denominated in an Optional Currency Dollars, Pounds Sterling or Euros made by the Fronting Bank Bank, as the Administrative Agent may at any time request, provided request PROVIDED that:
(i) the Administrative Agent and the Fronting Bank hereby agree that, unless an Event of Default has occurred and is continuing or a Fronting Loan Event has occurredcontinuing, such Persons will not request any such purchase of participating interests; and
(ii) in the event that any Event of Default specified in ss.ss.13.1(gSections 12.1(f) or (hg) shall have occurred with respect to the Borrowers, at the option of the Fronting Bank and Administrative Agent, each Bank Lender shall be deemed to have purchased, automatically and without request, such participating interest in the Revolving Credit Loans denominated in an Optional Currency Dollars, Pounds Sterling or Euros made by the Fronting Bank to the applicable Subsidiary Foreign Borrower. Any such request shall be made in writing to each Bank Lender and shall specify the amount of Dollars Dollars, Pounds Sterling or Euros, as applicable, (based upon the actual exchange rate at which the Administrative Agent anticipates being able to obtain the relevant Optional Currency currency on the relevant date, with any excess payment being refunded to the Banks Lenders and any deficiency remaining payable by the BanksLenders) required from such Bank Lender in order to effect the purchase by such Bank Lender of a participating interest in the amount equal to its Commitment Percentage times the aggregate then outstanding principal amount (in Dollars, Pounds Sterling or Euros, as the applicable Optional Currencycase may be) of the Revolving Credit Loans denominated in an Optional Currency Dollars, Pounds Sterling or Euros which have been fronted by the Fronting Bank. Promptly upon receipt of such request, each Bank Lender shall deliver to the Administrative Agent or Fronting Bank (in immediately available funds) the amount so specified by the Administrative Agent. The Administrative Agent shall convert such amounts into the relevant Optional Currency currency, as applicable, and shall promptly deliver the proceeds of such conversion to the Fronting Bank in immediately available funds. Promptly following receipt thereof, the Fronting Bank will deliver to each Bank Lender (through the Administrative Agent) a certificate setting forth the amount of the Revolving Credit Loans purchased by such BankLender, dated the date of receipt of such funds and in such amount. From and after such purchase, (ia)(i) all Base Rate Loans shall continue as Base Rate Loans, and (ii) all outstanding Revolving Credit Eurocurrency Rate Loans (whether denominated in Dollars Dollars, Pounds Sterling or the relevant Optional Currency Euros and including those Revolving Credit Loans advanced by the Fronting Bank) shall be deemed to have been converted into Base Eurocurrency Rate Loans denominated in Dollars the relevant currency with a one (1) month Interest Period (with such conversion constituting, for purposes of ss.5.10Section 4.10, a conversion the making of a Revolving Credit payment of a Eurocurrency Rate Loan of one Type into a Revolving Credit Loan of another Type prior to the expiration of the relevant Interest Period, as applicable), and (ii) any further Revolving Credit Loans to be made to the Subsidiary Borrowers shall be made in Dollars by each Bank in accordance with each such Bank's Commitment Percentage, (iiib) all amounts from time to time accruing, and all amounts from time to time payable, on account of such Revolving Credit Loans (including any interest and other amounts which were accrued but unpaid on the date of such purchase) shall be payable in Dollars as if such Revolving Credit Loans had originally been made in Dollars the relevant currency and shall be distributed in the relevant currency or, at the request of any Lender, in Dollars (after the conversion of such currency into Dollars), by the Administrative Agent to the BanksLenders, on account of such participating interests. Notwithstanding anything to the contrary contained in this ss.2.11Section 2.11, the failure of any Bank Lender to purchase its participating interest in any Revolving Credit Loans shall not relieve any other Bank Lender of its obligations hereunder to purchase its participating interest in a timely manner, but no Bank Lender shall be responsible for the failure of any other Bank Lender to purchase the participating interest to be purchased by such other Banks Lenders on any date.
(b) If any amount required to be paid by any Bank Lender pursuant to ss.2.11.3(aSection 2.11.2(a) is not paid to the Administrative Agent within one (1) Business Day following the date upon which such Bank Lender receives a request from the Administrative Agent that such Bank Lender fund its participating interest relating to such Revolving Credit Loan, such Bank Lender shall pay to the Administrative Agent on demand an amount equal to the product of (i) such amount, times (ii) the average daily average federal funds rateOvernight Rate, as quoted by the Administrative Agent, during the period from and including the date such payment is required to be made to the date on which such payment is immediately available to the Administrative Agent, times (iii) a fraction the numerator of which is the number of days that elapse during such period and the denominator of which is 360. If any such amount required to be paid by any Bank Lender pursuant to ss.2.11.3(aSection 2.11.2(a) is not in fact made available to the Administrative Agent within three (3) Business Days following the date upon which such Bank Lender receives a request from the Administrative Agent that such Bank Lender fund its participating interest relating to such Revolving Credit Loan, the Administrative Agent shall be entitled to recover from the applicable Subsidiary Foreign Borrower, on demand, such amount with interest thereon calculated from such due date at the rate per annum applicable to Revolving Credit Loans which are Base Rate Loans. A certificate from the Administrative Agent submitted to any Bank Lender with respect to any amounts owing under this ss.2.11.3(bSection 2.11.2(b) shall be conclusive in the absence of manifest error. Amounts payable by any Bank Lender pursuant to this ss.2.11.3(bSection 2.11.2(b) shall be paid to the Administrative Agent, for the account of the Fronting Bank; provided PROVIDED that, if the Administrative Agent (in its sole discretion) has elected to fund on behalf of such Bank Lender the amounts owing to the Fronting Bank, Bank then the amounts shall be paid to the Administrative Agent, for its own account.
(c) Whenever, at any time after the Fronting Bank has received from any Bank Lender such BankLender's participating interest in a Revolving Credit Loan pursuant to ss.2.11.3(bSection 2.11.2(b) above, the Fronting Bank receives any payment on account thereof, such Fronting Bank will distribute to the Administrative Agent, for the account of such BankLender, such BankLender's participating interest in such amount (appropriately adjusted, in the case of interest payments, to reflect the period of time during which such BankLender's participating interest was outstanding and funded) in like funds received, or at the request of such Lender, in Dollars (at the then-applicable Exchange Rate); providedPROVIDED, howeverHOWEVER, that in the event that any such payment received by the Fronting Bank is required to be returned, such Bank Lender will return to the Fronting Bank any portion thereof previously distributed by the Fronting Bank to the Bank Lender in like funds as such payment is required to be returned by the Fronting Bank.
(d) Each BankLender's obligation to purchase participating interests pursuant to this ssSection 2.11 shall be absolute and unconditional and shall not be affected by any circumstance, including (i) any set-off, counterclaim, recoupment, defense or other right which such Lender may have against the Fronting Bank, any Borrower or any other Person for any reason whatsoever; (ii) the occurrence and continuation of any Default or Event of Default; (iii) any adverse change in the condition (financial or otherwise) of any Person party hereto; (iv) any breach of any of the Loan Documents by any Person; or (v) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing.
Appears in 1 contract
Currency Conversions and Contingent Funding Agreement. (a) Each of the Non-Multicurrency Banks (as it relates to Multicurrency Loans which are not also Foreign Loans) and the Banks (as its relates to Foreign Loans) hereby unconditionally and irrevocably agrees to purchase (in Dollars) an undivided participating interest in its ratable share, determined by reference to its Commitment Percentage, of all Revolving Credit Multicurrency Loans denominated in an Optional Currency or Foreign Loans, as the case may be, made by the Fronting Bank as the Agent may at any time request, provided that:
(i) the Agent and the Fronting Bank hereby agree that, unless an Event of Default has occurred and is continuing or a Fronting Loan Event has occurred, such Persons will not request any such purchase of participating interests; and
(ii) in the event that any Event of Default specified in ss.ss.13.1(gSection Section 14.1(g) or (h) shall have occurred with respect to any Borrowers, each Bank of the Non-Multicurrency Banks (as it relates to Multicurrency Loans which are not also Foreign Loans) and the Banks (as it relates to Foreign Loans) shall be deemed to have purchased, automatically and without request, such participating interest in the Revolving Credit Multicurrency Loans denominated in an Optional Currency and Foreign Loans made by the Fronting Bank to the applicable Subsidiary Borrower. Any such request shall be made in writing to each Bank Non-Multicurrency and each Bank, as the case may be, and shall specify the amount of Dollars (and in the case of a Multicurrency Loan, based upon the actual exchange rate at which the Agent anticipates being able to obtain the relevant Optional Currency on the relevant date, with any excess payment being refunded to the Non-Multicurrency Banks (as it relates to Multicurrency Loans which are not also Foreign Loans) and the Banks (as its relates to Foreign Loans) and any deficiency remaining payable by the BanksNon-Multicurrency Banks (as it relates to Multicurrency Loans which are not also Foreign Loans) and the Banks (as it relates to Foreign Loans)) required from such Non-Multicurrency Bank (as it relates to Multicurrency Loans which are not also Foreign Loans) and such Bank (as it relates to Foreign Loans) in order to effect the purchase by such Bank of a participating interest in the amount equal to its Commitment Percentage times the aggregate then outstanding principal amount (in the applicable Optional Currency) of the Revolving Credit Loans denominated in an Optional Currency which have been fronted by the Fronting Bank. Promptly upon receipt of such request, each Bank shall deliver to the Agent (in immediately available funds) the amount so specified by the Agent. The Agent shall convert such amounts into the relevant Optional Currency and shall promptly deliver the proceeds of such conversion to the Fronting Bank in immediately available funds. Promptly following receipt thereof, the Fronting Bank will deliver to each Non-Multicurrency Bank (through the Agent) a certificate setting forth the amount of the Revolving Credit Loans purchased by such Bank, dated the date of receipt of such funds and in such amount. From and after such purchase, (i) all outstanding Revolving Credit Loans (whether denominated in Dollars or the relevant Optional Currency and including those Revolving Credit Loans advanced by the Fronting Bank) shall be deemed as it relates to have been converted into Base Rate Loans denominated in Dollars (with such conversion constituting, for purposes of ss.5.10, a conversion of a Revolving Credit Loan of one Type into a Revolving Credit Loan of another Type prior to the expiration of the relevant Interest Period), (ii) any further Revolving Credit Loans to be made to the Subsidiary Borrowers shall be made in Dollars by each Bank in accordance with each such Bank's Commitment Percentage, (iii) all amounts from time to time accruing, and all amounts from time to time payable, on account of such Revolving Credit Loans (including any interest and other amounts which were accrued but unpaid on the date of such purchase) shall be payable in Dollars as if such Revolving Credit Loans had originally been made in Dollars and shall be distributed by the Agent to the Banks, on account of such participating interests. Notwithstanding anything to the contrary contained in this ss.2.11, the failure of any Bank to purchase its participating interest in any Revolving Credit Loans shall not relieve any other Bank of its obligations hereunder to purchase its participating interest in a timely manner, but no Bank shall be responsible for the failure of any other Bank to purchase the participating interest to be purchased by such other Banks on any date.
(b) If any amount required to be paid by any Bank pursuant to ss.2.11.3(a) is not paid to the Agent within one (1) Business Day following the date upon which such Bank receives a request from the Agent that such Bank fund its participating interest relating to such Revolving Credit Loan, such Bank shall pay to the Agent on demand an amount equal to the product of (i) such amount, times (ii) the daily average federal funds rate, as quoted by the Agent, during the period from and including the date such payment is required to be made to the date on which such payment is immediately available to the Agent, times (iii) a fraction the numerator of which is the number of days that elapse during such period and the denominator of which is 360. If any such amount required to be paid by any Bank pursuant to ss.2.11.3(a) is not in fact made available to the Agent within three (3) Business Days following the date upon which such Bank receives a request from the Agent that such Bank fund its participating interest relating to such Revolving Credit Loan, the Agent shall be entitled to recover from the applicable Subsidiary Borrower, on demand, such amount with interest thereon calculated from such due date at the rate per annum applicable to Revolving Credit Multicurrency Loans which are Base Rate not also Foreign Loans. A certificate from the Agent submitted to any Bank with respect to any amounts owing under this ss.2.11.3(b) shall be conclusive in the absence of manifest error. Amounts payable by any Bank pursuant to this ss.2.11.3(b) shall be paid to the Agent, for the account of the Fronting Bank; provided that, if the Agent (in its sole discretion) has elected to fund on behalf of and such Bank the amounts owing (as it relates to the Fronting Bank, then the amounts shall be paid to the Agent, for its own account.
(cForeign Loans) Whenever, at any time after the Fronting Bank has received from any Bank such Bank's participating interest in a Revolving Credit Loan pursuant to ss.2.11.3(b) above, the Fronting Bank receives any payment on account thereof, such Fronting Bank will distribute to the Agent, for the account of such Bank, such Bank's participating interest in such amount (appropriately adjusted, in the case of interest payments, to reflect the period of time during which such Bank's participating interest was outstanding and funded) in like funds received; provided, however, that in the event that any such payment received by the Fronting Bank is required to be returned, such Bank will return to the Fronting Bank any portion thereof previously distributed by the Fronting Bank to the Bank in like funds as such payment is required to be returned by the Fronting Bank.
(d) Each Bank's obligation to purchase participating interests pursuant to this ss.of
Appears in 1 contract
Samples: Revolving Credit Agreement (Flextronics International LTD)
Currency Conversions and Contingent Funding Agreement. (a) Each of the Non Kroner Funding Banks hereby unconditionally and irrevocably agrees to purchase (in Dollars) an undivided participating interest in its ratable share, determined by reference to its Commitment Norwegian Term A Percentage, of all Revolving Credit Loans the Norwegian Term A Loan denominated in an Optional Currency Kroner made by the Fronting Bank as the Agent may at any time request, provided that:
(i) the Agent and the Fronting Bank hereby agree that, unless (A) an Event of Default has occurred and is continuing or a Fronting and (B) all amounts owing with respect to this Agreement, the Notes and the other Loan Event has occurredDocuments and all Reimbursement Obligations have become immediately due and payable pursuant to Section 13.1 hereof, such Persons will not request any such purchase of participating interests; and
(ii) in the event that any Event of Default specified in ss.ss.13.1(gSection Section 13.1(g) or (h) shall have occurred with respect to Borrowersthe Norwegian Borrower, each Non Kroner Funding Bank shall be deemed to have purchased, automatically and without request, such participating interest in the Revolving Credit Loans Norwegian Term A Loan denominated in an Optional Currency Kroner made by the Fronting Bank to the applicable Subsidiary Norwegian Borrower. Any such request shall be made in writing to each Non Kroner Funding Bank and shall specify the amount of Dollars (based upon the actual exchange rate at which the Agent anticipates being able to obtain the relevant Optional Currency amount in Kroner on the relevant date, with any excess payment being refunded to the Non Kroner Funding Banks and any deficiency remaining payable by the Non Kroner Funding Banks) required from such Bank in order to effect the purchase by such Bank of a participating interest in the amount equal to its Commitment Norwegian Term A Percentage times the aggregate then outstanding principal amount (in the applicable Optional Currency) of the Revolving Credit Loans Norwegian Term A Loan denominated in an Optional Currency Kroner which have has been fronted by the Fronting Bank. Promptly upon receipt of such request, each Non Kroner Funding Bank shall deliver to the Agent (in immediately available funds) the amount so specified by the Agent. The Agent shall convert such amounts into the relevant Optional Currency Kroner and shall promptly deliver the proceeds of such conversion to the Fronting Bank in immediately available funds. Promptly following receipt thereof, the Fronting Bank will deliver to each Non Kroner Funding Bank (through the Agent) a certificate setting forth the amount of the Revolving Credit Loans Norwegian Term A Loan purchased by such Bank, dated the date of receipt of such funds and in such amount. From and after such purchase, (i) all the outstanding Revolving Credit Loans amount of the Norwegian Term A Loan (whether denominated in Dollars or the relevant Optional Currency Kroner and including those Revolving Credit Loans the portion of the Norwegian Term A Loan advanced by the Fronting BankKroner Funding Banks) shall be deemed to have been converted into a Base Rate Loans Loan denominated in Dollars (with such conversion constituting, for purposes of ss.5.10Section 5.12, a conversion of a Revolving Credit Loan of one Type into a Revolving Credit Loan of another Type prior to the expiration of the relevant Interest Period), ) and (ii) any further Revolving Credit Loans to be made to the Subsidiary Borrowers shall be made in Dollars by each Bank in accordance with each such Bank's Commitment Percentage, (iii) all amounts from time to time accruing, and all amounts from time to time payable, on account of such Revolving Credit Loans the Norwegian Term A Loan (including any interest and other amounts which were accrued but unpaid on the date of such purchase) shall be payable in Dollars as if such Revolving Credit Loans had originally been made in Dollars and shall be distributed by the Agent to the Banks, Norwegian Term A Banks on account of such participating interests. Notwithstanding anything to the contrary contained in this ss.2.11Section 4.6, the failure of any Non Kroner Funding Bank to purchase its participating interest in any Revolving Credit Loans the Norwegian Term A Loan shall not relieve any other Non Kroner Funding Bank of its obligations hereunder to purchase its participating interest in a timely manner, but no Non Kroner Funding Bank shall be responsible for the failure of any other Non Kroner Funding Bank to purchase the participating interest to be purchased by such other Non Kroner Funding Banks on any date.
(b) If any amount required to be paid by any Non Kroner Funding Bank pursuant to ss.2.11.3(aSection 4.6.3(a) is not paid to the Agent within one (1) Business Day following the date upon which such Non Kroner Funding Bank receives a request from the Agent that such Non Kroner Funding Bank fund its participating interest relating to such Revolving Credit the Norwegian Term A Loan, such Non Kroner Funding Bank shall pay to the Agent on demand an amount equal to the product of (i) such amount, times (ii) the daily average federal funds rate, as quoted by the Agent, during the period from and including the date such payment is required to be made to the date on which such payment is immediately available to the Agent, times (iii) a fraction the numerator of which is the number of days that elapse during such period and the denominator of which is 360. If any such amount required to be paid by any Non Kroner Funding Bank pursuant to ss.2.11.3(aSection 4.6.3(a) is not in fact made available to the Agent within three (3) Business Days following the date upon which such Bank receives a request from the Agent that such Non Kroner Funding Bank fund its participating interest relating to such Revolving Credit the Norwegian Term A Loan, the Agent shall be entitled to recover from the applicable Subsidiary Norwegian Borrower, on demand, such amount with interest thereon calculated from such due date at the rate per annum applicable to Revolving Credit Loans the Norwegian Term A Loan which are is a Dollar Base Rate LoansLoan. A certificate from the Agent submitted to any Non Kroner Funding Bank with respect to any amounts owing under this ss.2.11.3(bSection 4.6.3(b) shall be conclusive in the absence of manifest error. Amounts payable by any Non Kroner Funding Bank pursuant to this ss.2.11.3(bSection 4.6.3(b) shall be paid to the Agent, for the account of the Fronting Bank; provided that, if the Agent (in its sole discretion) has elected to fund on behalf of such Non Kroner Funding Bank the amounts owing to the Fronting Bank, then the amounts shall be paid to the Agent, for its own account.
(c) Whenever, at any time after the Fronting Bank has received from any Bank such Bank's participating interest in a Revolving Credit Loan pursuant to ss.2.11.3(b) above, the Fronting Bank receives any payment on account thereof, such Fronting Bank will distribute to the Agent, for the account of such Bank, such Bank's participating interest in such amount (appropriately adjusted, in the case of interest payments, to reflect the period of time during which such Bank's participating interest was outstanding and funded) in like funds received; provided, however, that in the event that any such payment received by the Fronting Bank is required to be returned, such Bank will return to the Fronting Bank any portion thereof previously distributed by the Fronting Bank to the Bank in like funds as such payment is required to be returned by the Fronting Bank.
(d) Each Bank's obligation to purchase participating interests pursuant to this ss.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Trico Marine Services Inc)