Common use of Disbursement Procedures Clause in Contracts

Disbursement Procedures. The applicable Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such Issuing Bank shall promptly notify the Administrative Agent and the Borrower by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bank) of such demand for payment and whether such Issuing Bank has made an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this Section.

Appears in 17 contracts

Samples: First Lien Credit Agreement (First Advantage Corp), Credit Agreement (Vacasa, Inc.), Credit Agreement (Vacasa, Inc.)

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Disbursement Procedures. The applicable Issuing Bank Lender shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such The applicable Issuing Bank Lender shall promptly notify the Administrative Agent and the Borrower by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Banktelecopy) of such demand for payment and payment, whether such the applicable Issuing Bank Lender has made or will make an LC Disbursement thereunderthereunder and the amount of such LC Disbursement; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such the applicable Issuing Bank Lender and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this Sectionthe terms herein.

Appears in 15 contracts

Samples: Credit and Guaranty Agreement (American Airlines, Inc.), Credit and Guaranty Agreement (American Airlines, Inc.), Credit and Guaranty Agreement (American Airlines, Inc.)

Disbursement Procedures. The applicable Issuing Bank Lender shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such The applicable Issuing Bank Lender shall promptly notify the Administrative Agent and the Borrower by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Banktelecopy) of such demand for payment and payment, whether such the applicable Issuing Bank Lender has made or will make an LC Disbursement thereunderthereunder and the amount of such LC Disbursement; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such the applicable Issuing Bank and the Revolving Lenders Lender with respect to any such LC Disbursement in accordance with paragraph (f) of this Sectionthe terms herein.

Appears in 9 contracts

Samples: Credit and Guaranty Agreement (Spirit Airlines, Inc.), Credit and Guaranty Agreement (Spirit Airlines, Inc.), Credit and Guaranty Agreement (Spirit Airlines, Inc.)

Disbursement Procedures. The applicable Each Issuing Bank shall, promptly within a reasonable time following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of CreditCredit issued by such Issuing Bank. Such The applicable Issuing Bank shall promptly after such examination notify the Administrative Agent and the Borrower by telephone (confirmed by hand delivery, facsimile telecopy or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bank) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such Issuing Bank and the Revolving applicable Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 9 contracts

Samples: Senior Secured Revolving Credit Agreement (Sixth Street Specialty Lending, Inc.), Senior Secured Revolving Credit Agreement (Sixth Street Specialty Lending, Inc.), Senior Secured Revolving Credit Agreement (Bain Capital Private Credit)

Disbursement Procedures. The applicable Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such Issuing Bank shall promptly notify the Administrative Agent Agent, the Borrower and the Borrower Applicant Party (if other than the Borrower) by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Banktelecopy) of such demand for payment and whether such Issuing Bank has made an LC or will make a L/C Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such Issuing Bank and the Revolving Facility Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionL/C Disbursement.

Appears in 7 contracts

Samples: Amendment Agreement (Alpha Natural Resources, Inc.), Credit Agreement (Alpha Natural Resources, Inc.), Credit Agreement (Massey Energy Co)

Disbursement Procedures. The applicable Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such The applicable Issuing Bank shall promptly notify the Administrative Agent and the Borrower by telephone (confirmed by hand delivery, facsimile facsimile) or by electronic communication) (, if arrangements for doing so have been approved by the applicable Issuing Bank) Bank and the recipient, of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 7 contracts

Samples: Credit Agreement (MasterBrand, Inc.), Credit Agreement (MasterBrand, Inc.), Credit Agreement (MasterBrand, Inc.)

Disbursement Procedures. The applicable Any Issuing Bank shall, promptly following its receipt thereofwithin the period of time stipulated by the terms and conditions of the applicable Letter of Credit, examine all documents purporting to represent a demand for payment under a such Letter of Credit. Such After such examination, such Issuing Bank shall promptly notify the Administrative Agent and the applicable Borrower by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Banktelecopy) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the such Borrower of its obligation to reimburse such Issuing Bank and the Revolving applicable Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 6 contracts

Samples: Revolving Credit Agreement (Victoria's Secret & Co.), Amended and Restated Revolving Credit Agreement (Bath & Body Works, Inc.), Revolving Credit Agreement (Bath & Body Works, Inc.)

Disbursement Procedures. The applicable Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such Issuing Bank shall promptly notify the Administrative Agent and the Borrower Borrowers by telephone (confirmed by hand delivery, facsimile or electronic communication) communication (if arrangements for doing so have been approved by the applicable Issuing Bank) of such demand for payment and whether such Issuing Bank has made an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower Borrowers of its their obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this Section.

Appears in 6 contracts

Samples: First Lien Credit Agreement (New Whale Inc.), Credit Agreement (New Whale Inc.), First Lien Credit Agreement (Endeavor Group Holdings, Inc.)

Disbursement Procedures. The applicable Each Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such Credit issued by such Issuing Bank and shall promptly notify the Administrative Agent and the Borrower by telephone telephone, fax or electronic mail (and, in the case of telephonic notice, promptly confirmed by hand delivery, facsimile fax or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bankmail) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 5 contracts

Samples: Revolving Credit Agreement (Marathon Petroleum Corp), Credit Agreement (Marathon Petroleum Corp), Revolving Credit Agreement (Marathon Petroleum Corp)

Disbursement Procedures. The applicable Each Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of CreditCredit issued by such Issuing Bank. Such Issuing Bank shall promptly notify the Administrative Agent and the Borrower by telephone telephone, fax or electronic mail (and, in the case of telephonic notice, promptly confirmed by hand delivery, facsimile fax or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bankmail) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 5 contracts

Samples: Amendment No. 1 and Agreement (Omega Acquisition, Inc.), Revolving Credit Agreement, Revolving Credit Agreement (MPLX Lp)

Disbursement Procedures. The applicable relevant Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such The relevant Issuing Bank shall promptly notify the Administrative Agent and the Borrower by telephone (confirmed by hand delivery, facsimile telecopy or transmission by electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bankcommunication in accordance with Section 9.01(b)) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such the relevant Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement (other than with respect to the timing of such reimbursement obligation set forth in accordance with paragraph clause (fe) of this Section).

Appears in 5 contracts

Samples: Credit Agreement (Crown Media Holdings Inc), Credit Agreement (Crown Media Holdings Inc), Restatement Agreement (Delphi Automotive PLC)

Disbursement Procedures. The applicable Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such The applicable Issuing Bank shall promptly notify the Administrative Applicable Agent and the Borrower Representative or any applicable Borrower by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bankfacsimile) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the applicable Borrower of its obligation to reimburse such the applicable Issuing Bank and the Revolving Lenders of the applicable Class with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 5 contracts

Samples: Credit Agreement (Edgen Group Inc.), Credit Agreement (Edgen Group Inc.), Credit Agreement (Edgen Group Inc.)

Disbursement Procedures. The applicable Issuing Bank shall, promptly within the period stipulated by the terms and conditions of the applicable Letter of Credit following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of CreditCredit issued by it. Such After such examination, the applicable Issuing Bank shall promptly notify the Administrative Agent and the applicable Borrower by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bankfax) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the applicable Borrower of its obligation to reimburse such Issuing Bank and the Revolving Lenders of their obligations with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 4 contracts

Samples: Credit Agreement (Agilent Technologies, Inc.), Credit Agreement (Agilent Technologies, Inc.), Credit Agreement (Agilent Technologies Inc)

Disbursement Procedures. The applicable Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such Issuing Bank shall promptly notify the Administrative Agent and the Borrower by telephone Representative in writing (confirmed by hand delivery, facsimile email or other electronic communication) transmission (if arrangements for doing so have been approved by the applicable Issuing Bankincluding “.pdf” or “.tif”)) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided provided, that any no failure to give or delay in giving such notice shall not relieve the Borrower Borrowers of its their obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement within the time period prescribed in accordance with paragraph (f) of this SectionSection 2.05(e).

Appears in 4 contracts

Samples: Credit Agreement (Knowlton Development Corp Inc), Incremental Amendment to Credit Agreement (Knowlton Development Corp Inc), Credit Agreement (Knowlton Development Parent, Inc.)

Disbursement Procedures. The applicable Issuing Bank for any Letter of Credit shall, promptly within the time allowed by applicable law or the specific terms of the Letter of Credit following its receipt thereof, examine all documents purporting to represent a demand for payment under a such Letter of Credit. Such Issuing Bank shall promptly after such examination notify the Administrative Agent and the Borrower by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bankmail) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that that, any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 4 contracts

Samples: Credit Agreement (Waldencast PLC), Credit Agreement (Waldencast PLC), Credit Agreement (Waldencast PLC)

Disbursement Procedures. The applicable Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of CreditCredit issued by such Issuing Bank. Such Issuing Bank shall promptly notify the Administrative Agent and the Borrower by telephone (confirmed by hand delivery, facsimile telecopy or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bank) mail), telecopy or electronic mail of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 4 contracts

Samples: Revolving Credit Agreement (CF Industries Holdings, Inc.), Revolving Credit Agreement (CF Industries Holdings, Inc.), Revolving Credit Agreement (CF Industries Holdings, Inc.)

Disbursement Procedures. The applicable Issuing Bank for any Letter of Credit shall, promptly within the time allowed by applicable law or the specific terms of the Letter of Credit following its receipt thereof, examine all documents purporting to represent a demand for payment under a such Letter of Credit. Such Issuing Bank shall promptly after such examination notify the Administrative Agent and the Borrower Representative by telephone (confirmed by hand delivery, facsimile fax or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bankthrough Electronic Systems) of such demand for payment and whether if such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower Borrowers of its their obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 4 contracts

Samples: Credit Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Credit Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Credit Agreement

Disbursement Procedures. The applicable Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such Issuing Bank shall promptly notify the Administrative Agent and the Borrower by telephone (confirmed by hand delivery, facsimile or electronic communication) communication (if arrangements for doing so have been approved by the applicable Issuing Bank) of such demand for payment and whether such Issuing Bank has made an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this Section.

Appears in 3 contracts

Samples: Credit Agreement (Sinclair Broadcast Group Inc), Credit Agreement (Sinclair Broadcast Group Inc), Credit Agreement (Sinclair Broadcast Group Inc)

Disbursement Procedures. The applicable Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such The applicable Issuing Bank shall promptly notify the Administrative Agent and the Borrower by telephone (confirmed by hand delivery, telecopy or facsimile (or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Banke-mail with a PDF copy attached)) of such demand for payment and whether such the applicable Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such the applicable Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 3 contracts

Samples: Credit Agreement (Erie Indemnity Co), Credit Agreement (Erie Indemnity Co), Credit Agreement (Erie Indemnity Co)

Disbursement Procedures. The applicable Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such The applicable Issuing Bank shall promptly notify the Administrative Agent and the Borrower Representative (or applicable Borrower) by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bankthrough Electronic Systems) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower Borrowers or the Loan Guarantors of its obligation their obligations to reimburse such the applicable Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 3 contracts

Samples: Credit Agreement (ODP Corp), Second Amendment (ODP Corp), Credit Agreement (Office Depot Inc)

Disbursement Procedures. The applicable Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such The Issuing Bank shall promptly notify the Administrative Agent and the Revolving Borrower by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Banktelecopy) of such demand for payment and whether such the Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Revolving Borrower and as applicable the Company or a Subsidiary of its their obligation to reimburse such the Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 3 contracts

Samples: Revolving Credit Agreement (PERRIGO Co PLC), Revolving Credit Agreement (PERRIGO Co PLC), Revolving Credit Agreement (Perrigo Finance PLC)

Disbursement Procedures. The applicable Each Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of CreditCredit issued by such Issuing Bank. Such Each Issuing Bank shall promptly notify the Administrative Agent and the applicable Borrower by telephone (confirmed by hand deliveryfacsimile or, facsimile or electronic communication) (if arrangements for doing so have been approved by in accordance with the applicable Issuing Banksecond paragraph of Section 9.1, email) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided provided, that any failure to give or delay in giving such notice shall not relieve the applicable Borrower of its obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 3 contracts

Samples: Abl Credit Agreement (Foundation Building Materials, Inc.), Abl Credit Agreement (Foundation Building Materials, Inc.), Abl Credit Agreement (Forterra, Inc.)

Disbursement Procedures. The applicable Issuing Bank shall, promptly within the time allowed by applicable law or the specific terms of the Letter of Credit following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such The Issuing Bank shall promptly after such examination notify the Administrative Agent and the Borrower by telephone (confirmed by hand delivery, facsimile telecopy or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bankmail) of such demand for payment and whether such the Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such the Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 3 contracts

Samples: Limited Waiver and Fourth Amendment to Third Amended and Restated Credit Agreement (Eagle Pharmaceuticals, Inc.), Credit Agreement (Eagle Pharmaceuticals, Inc.), Credit Agreement (Eagle Pharmaceuticals, Inc.)

Disbursement Procedures. The applicable Each Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such Each Issuing Bank shall promptly notify the Administrative Agent and the applicable Borrower or the applicable Additional Borrower, as the case may be, by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Banktelecopy) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the such Borrower or such Additional Borrower of its obligation to reimburse such Issuing Bank and the Revolving Lenders Banks with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 3 contracts

Samples: Credit Agreement (Trane Technologies PLC), Credit Agreement (Ingersoll-Rand PLC), Credit Agreement (Ingersoll-Rand PLC)

Disbursement Procedures. The applicable Each Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such Each Issuing Bank shall promptly notify the Administrative Agent and the applicable Borrower or the applicable Additional Borrower, as the case may be, by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Banktelecopy) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the such Borrower or such Additional Borrower of its obligation to reimburse such Issuing Bank and the Revolving Lenders Banks with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 3 contracts

Samples: Credit Agreement (Allegion PLC), Credit Agreement (Allegion PLC), Credit Agreement (Allegion PLC)

Disbursement Procedures. The applicable Each Issuing Bank shall, promptly within a reasonable time following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of CreditCredit issued by such Issuing Bank. Such The applicable Issuing Bank shall promptly after such examination notify the Administrative Agent and the Borrower by telephone (confirmed by hand delivery, facsimile telecopy or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bank) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such Issuing Bank and the applicable Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 3 contracts

Samples: Senior Secured Revolving Credit Agreement (Varagon Capital Corp), Senior Secured Revolving Credit Agreement (Bain Capital Specialty Finance, Inc.), Senior Secured Revolving Credit Agreement (Nuveen Churchill Direct Lending Corp.)

Disbursement Procedures. The applicable Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such Issuing Bank shall promptly notify the Administrative Agent and the Revolver Borrower in writing or by telephone (promptly confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bankin writing) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any no failure to give or delay in giving such notice shall not relieve the Revolver Borrower of its obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 3 contracts

Samples: Credit Agreement (Indivior PLC), Credit Agreement (Indivior PLC), Credit Agreement (Indivior PLC)

Disbursement Procedures. The applicable Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such Issuing Bank shall promptly notify the Administrative Agent and the Borrower by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bank) of such demand for payment and whether such Issuing Bank has made an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its their obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this Section.

Appears in 3 contracts

Samples: Credit Agreement (Amc Entertainment Holdings, Inc.), Credit Agreement (Amc Entertainment Holdings, Inc.), Credit Agreement (Amc Entertainment Holdings, Inc.)

Disbursement Procedures. The applicable Each Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such Each Issuing Bank shall promptly notify the Administrative Agent and (who in turn shall notify the Borrower Borrower) by telephone (confirmed by hand delivery, facsimile delivery or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bankfacsimile) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving any such notice shall not relieve the Borrower of its obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this Section.

Appears in 3 contracts

Samples: Credit Agreement (Greenhill & Co Inc), Credit Agreement (Greenhill & Co Inc), Credit Agreement (Greenhill & Co Inc)

Disbursement Procedures. The applicable Issuing Bank shall, promptly within the time allowed by applicable law or the specific terms of the Letter of Credit following its receipt thereof, examine all documents purporting to represent a demand for payment under a such Letter of Credit. Such The Issuing Bank shall promptly after such examination notify the Administrative Agent and the Borrower by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bank) of such demand for payment and whether such the Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such the Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 3 contracts

Samples: Credit Agreement (Berry Corp (Bry)), Credit Agreement (Berry Corp (Bry)), Credit Agreement (Contango Oil & Gas Co)

Disbursement Procedures. The applicable Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such Issuing Bank shall promptly notify the Administrative Agent and the applicable Borrower (or Administrative Borrower) by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable otherwise as Administrative Borrower and Issuing BankBank may agree) of such demand for payment and whether such Issuing Bank has made an LC Disbursement thereunderor will make any payment in respect thereof; provided that provided, that, any failure to give or delay in giving such notice shall not relieve the applicable Borrower of its obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this Sectionpayment.

Appears in 3 contracts

Samples: Loan and Security Agreement (Associated Materials, LLC), Loan and Security Agreement (Amh Holdings, LLC), Loan and Security Agreement (Innophos, Inc.)

Disbursement Procedures. The applicable Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of CreditCredit issued by such Issuing Bank. Such Issuing Bank shall promptly notify the Administrative Agent and the Requesting Borrower by telephone (confirmed by hand delivery, facsimile telecopy or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bank) mail), telecopy or electronic mail of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Requesting Borrower of its obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 3 contracts

Samples: Revolving Credit Agreement (CF Industries Holdings, Inc.), Revolving Credit Agreement (CF Industries Holdings, Inc.), Revolving Credit Agreement (CF Industries Holdings, Inc.)

Disbursement Procedures. The applicable Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such The Issuing Bank shall promptly notify the Administrative Agent and the Borrower or the applicable Additional Borrower, as the case may be, by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Banktelecopy) of such demand for payment and whether such the Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower or such Additional Borrower of its obligation to reimburse such the Issuing Bank and the Revolving Lenders Banks with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 3 contracts

Samples: Credit Agreement (Ingersoll-Rand PLC), Credit Agreement (Ingersoll-Rand PLC), Credit Agreement (Ingersoll-Rand PLC)

Disbursement Procedures. The applicable Each Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such The applicable Issuing Bank shall promptly notify the Administrative Agent and the Borrower Borrowers by telephone (confirmed by hand delivery, facsimile telecopy) or by electronic communication) communication (if arrangements for doing so have been approved by the applicable Issuing Bank) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower Borrowers of its their obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 3 contracts

Samples: Credit Agreement (Phillips Van Heusen Corp /De/), Credit Agreement (Phillips Van Heusen Corp /De/), Credit Agreement (Phillips Van Heusen Corp /De/)

Disbursement Procedures. The applicable Each Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of CreditCredit issued by it. Such Issuing Bank shall promptly notify the Administrative Agent and the Borrower by telephone (confirmed by hand deliverytelecopy or, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing BankAdministrative Agent, electronic communication) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 3 contracts

Samples: Credit Agreement (Comstock Resources Inc), Credit Agreement (Comstock Oil & Gas Investments, LLC), Credit Agreement (AMERICAN EAGLE ENERGY Corp)

Disbursement Procedures. The applicable Each Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of CreditCredit issued by such Issuing Bank. Such Issuing Bank shall promptly notify the Administrative Agent and the Borrower for whose account the Letter of Credit was issued by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bankfacsimile) of such demand for payment and whether such Issuing Bank has made or shall make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower Borrowers of its their obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 3 contracts

Samples: Credit Agreement (Weatherford International PLC), Credit Agreement (Weatherford International PLC), Credit Agreement (Weatherford International Ltd./Switzerland)

Disbursement Procedures. The applicable Each Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such Issuing Bank shall promptly notify the Administrative Agent and the Borrower by telephone (provided that any telephonic notice must be confirmed immediately by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by delivery to the applicable Issuing BankAdministrative Agent of a Borrowing Request) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 3 contracts

Samples: Credit Agreement (Dean Foods Co), Credit Agreement (Dean Foods Co), Credit Agreement (Dean Foods Co)

Disbursement Procedures. The applicable Issuing Bank for any Letter of Credit shall, promptly following its receipt thereofwithin the time allowed by applicable Laws or the Letter of Credit, examine all documents purporting to represent a demand for payment under a such Letter of Credit. Such If such Issuing Bank has made or will make an L/C Disbursement in respect of such Letter of Credit, such Issuing Bank shall promptly after such examination notify the Administrative Agent and the Borrower by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved of such L/C Disbursement. Such notice need not be given prior to payment by the applicable Issuing Bank) of such demand for payment , and whether such Issuing Bank has made an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionL/C Disbursement.

Appears in 3 contracts

Samples: Credit Agreement (Otter Tail Corp), Credit Agreement (Otter Tail Corp), Credit Agreement (Century Communities, Inc.)

Disbursement Procedures. The applicable Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such The Issuing Bank shall promptly notify the Administrative Agent and the CSW Borrower by telephone (confirmed by hand delivery, facsimile fax or electronic communication) (email if arrangements for doing so have been approved by the applicable Issuing Bank) of such demand for payment and whether such the Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower Borrowers of its their obligation to reimburse such the Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 3 contracts

Samples: Credit Agreement (CSW Industrials, Inc.), Credit Agreement (CSW Industrials, Inc.), Credit Agreement (CSW Industrials, Inc.)

Disbursement Procedures. The applicable Issuing Bank shall, promptly within the period stipulated by the terms and conditions of the applicable Letter of Credit, following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such The Issuing Bank shall promptly after such examination notify the Administrative Agent and the Borrower by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bankfacsimile) of such demand for payment and whether such the Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such the Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 2 contracts

Samples: Credit Agreement (Rice Energy Inc.), Credit Agreement (Rice Energy Operating LLC)

Disbursement Procedures. The applicable Each Issuing Bank shall, promptly following its receipt thereofwithin the time period stipulated by the terms and conditions of such Letter of Credit (or if no such time period is so stipulated, promptly), examine all documents purporting to represent a demand for payment under a Letter of Credit. Such After such examination, each Issuing Bank shall promptly notify the Administrative Agent and the Borrower by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bank) mail of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 2 contracts

Samples: Credit Agreement (EXPAND ENERGY Corp), Credit Agreement (Chesapeake Energy Corp)

Disbursement Procedures. The applicable Each Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of CreditCredit issued by it. Such Issuing Bank shall promptly notify the Administrative Agent and the Borrower by telephone in writing (confirmed by hand delivery, facsimile or electronic communication) (telecopy or, if arrangements for doing so have been approved by the applicable Issuing BankAdministrative Agent, electronic communication) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that that, any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 2 contracts

Samples: Credit Agreement (Globant S.A.), Credit Agreement (Globant S.A.)

Disbursement Procedures. The applicable Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such Issuing Bank shall promptly notify the Administrative Agent Agent, the Borrower and the Borrower Applicant Party (if other than the Borrower) by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Banktelecopy) of such demand for payment and whether such Issuing Bank has made an LC or will make a L/C Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such Issuing Bank and the New Revolving Facility Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionL/C Disbursement.

Appears in 2 contracts

Samples: Credit Agreement (Foundation Coal Holdings, Inc.), Credit Agreement (Foundation Coal Holdings, Inc.)

Disbursement Procedures. The applicable Each Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such Each Issuing Bank shall promptly notify the Administrative Agent and the Borrower by telephone (confirmed by hand delivery, facsimile e-mail of a “pdf” or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bankfacsimile) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this Section.

Appears in 2 contracts

Samples: Credit Agreement (TAMINCO ACQUISITION Corp), Credit Agreement (Sra International Inc)

Disbursement Procedures. The applicable Each Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such The applicable Issuing Bank shall promptly notify the Administrative Agent and the Borrower Borrowers by telephone (confirmed by hand delivery, facsimile telecopy) (or transmit by electronic communication) (, if arrangements for doing so have been approved by the applicable Issuing Bank) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower Borrowers of its their obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Phillips Van Heusen Corp /De/), Revolving Credit Agreement (Phillips Van Heusen Corp /De/)

Disbursement Procedures. The applicable Each Issuing Bank shall, promptly within the time period stipulated by the terms and conditions of the applicable Letter of Credit following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such After such examination, such Issuing Bank shall promptly notify the Administrative Agent and the Borrower Company by telephone (confirmed by hand delivery, facsimile telecopy or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Banke-mail in accordance with Section 9.01) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower Company of its obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionSection 2.06(e).

Appears in 2 contracts

Samples: Credit Agreement (PENTAIR PLC), Credit Agreement (nVent Electric PLC)

Disbursement Procedures. The applicable Each Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such Each Issuing Bank shall promptly notify give written notice to the Administrative Agent and the Borrower by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bank) of such demand for payment and whether such the applicable Issuing Bank has made or will make an LC Disbursement thereunder, and the Administrative Agent shall promptly give the Borrower written notice of such demand for payment upon receiving such notice from the applicable Issuing Bank; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation Reimbursement Obligation to reimburse such the applicable Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement (other than with respect to the timing of such Reimbursement Obligation set forth in accordance with paragraph (f) of this SectionSection 2.18(e)).

Appears in 2 contracts

Samples: First Lien Credit Agreement (Allvue Systems Holdings, Inc.), Credit Agreement (Datto Holding Corp.)

Disbursement Procedures. The applicable Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such The Issuing Bank shall promptly notify the Administrative Agent and the Borrower by telephone (confirmed by hand delivery, facsimile telecopy or by electronic communication) communication (if arrangements for doing so have been approved by the applicable Issuing BankAdministrative Agent and the Borrower)) of such demand for payment and whether such the Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such the Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 2 contracts

Samples: Credit Agreement (Borgwarner Inc), Credit Agreement (Borgwarner Inc)

Disbursement Procedures. The applicable relevant Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such The relevant Issuing Bank shall promptly notify the Administrative Agent and the Borrower Agent by telephone (confirmed by hand delivery, facsimile telecopy or transmission by electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bankcommunication in accordance with Section 9.01(b)) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the applicable Borrower of its obligation to reimburse such the relevant Issuing Bank and the Revolving Lenders Applicable Participants with respect to any such LC Disbursement (other than with respect to the timing of such reimbursement obligation set forth in accordance with paragraph clause (fe) of this Section).

Appears in 2 contracts

Samples: Restatement Agreement (Aptiv PLC), Restatement Agreement (Delphi Automotive PLC)

Disbursement Procedures. The applicable Each Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of CreditCredit issued by it. Such Each Issuing Bank shall promptly notify the Administrative Agent and the Borrower for whose account such Letter of Credit was issued by telephone (confirmed by hand delivery, facsimile telecopy) or by electronic communication) communication (if arrangements for doing so have been approved by the applicable Issuing Banke-mail) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the either Borrower of its obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 2 contracts

Samples: Credit Agreement (Kinder Morgan Energy Partners L P), Credit Agreement (Kinder Morgan Energy Partners L P)

Disbursement Procedures. The applicable An Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of CreditCredit issued by it. Such Issuing Bank shall promptly notify the Administrative Agent and the Borrower in writing or by telephone telecopy or other electronic transmission (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bankincluding in .pdf format) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunderthereunder or will refuse to honor such demand, as the case may be; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 2 contracts

Samples: Borrower Assignment and Assumption Agreement (BrightSphere Investment Group Inc.), Revolving Credit Agreement (BrightSphere Investment Group Inc.)

Disbursement Procedures. The applicable Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such The Issuing Bank shall promptly notify give written notice to the Administrative Agent and the Borrower by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bank) of such demand for payment and whether such if the Issuing Bank has made or will make an LC Disbursement thereunder, and the Administrative Agent shall promptly give the Borrower written notice of such demand for payment upon receiving such notice from the Issuing Bank; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation Reimbursement Obligation to reimburse such the Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement (other than with respect to the timing of such Reimbursement Obligation set forth in accordance with paragraph (f) of this SectionSection 2.18(e)).

Appears in 2 contracts

Samples: Credit Agreement (Ping Identity Holding Corp.), Credit Agreement (Roaring Fork Holding, Inc.)

Disbursement Procedures. The applicable Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such The applicable Issuing Bank shall promptly notify the Administrative Agent and the Borrower Representative (or applicable Borrower) by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bankfacsimile) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower Borrowers or the Subsidiary Guarantors of its obligation their obligations to reimburse such the applicable Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 2 contracts

Samples: Term Loan Credit Agreement, Term Loan Credit Agreement (Staples Inc)

Disbursement Procedures. The applicable Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such The Issuing Bank shall promptly notify give written notice to the Administrative Agent and the Borrower by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bank) of such demand for payment and whether such the Issuing Bank has made or will make an LC Disbursement thereunder, and the Administrative Agent shall promptly give the Borrower written notice of such demand for payment upon receiving such notice from the Issuing Bank; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation Reimbursement Obligation to reimburse such the Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement (other than with respect to the timing of such Reimbursement Obligation set forth in accordance with paragraph (f) of this SectionSection 2.18(e)).

Appears in 2 contracts

Samples: Credit Agreement (Cvent Holding Corp.), Credit Agreement (Dragoneer Growth Opportunities Corp. II)

Disbursement Procedures. The applicable Each Issuing Bank shall, promptly within a reasonable time following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of CreditCredit issued by such Issuing Bank. Such The applicable Issuing Bank shall promptly after such examination notify the Administrative Agent and the Borrower by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Banktelecopy) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such Issuing Bank and the applicable Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Hercules Capital, Inc.), Senior Secured Revolving Credit Agreement (Barings Private Credit Corp)

Disbursement Procedures. The applicable Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such Issuing Bank shall promptly notify the Administrative Agent and the Borrower by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bank) of such demand for payment and whether such Issuing Bank has made an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its their obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this Section.. ​

Appears in 1 contract

Samples: Credit Agreement (Amc Entertainment Holdings, Inc.)

Disbursement Procedures. The Each applicable Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such The applicable Issuing Bank shall promptly notify the Administrative Agent and the Borrower by telephone (confirmed by hand delivery, facsimile or electronic communicationemail) (if arrangements for doing so have been approved by the applicable Issuing Bank) or written notice of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that that, subject to Section 2.08(e), any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such Issuing Bank and or the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 1 contract

Samples: Credit Agreement (Whiting Petroleum Corp)

Disbursement Procedures. The applicable Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit within the period allowed under the applicable rules under such Letter of Credit. Such Issuing Bank shall promptly notify the Administrative Agent and the Companyapplicable Borrower by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Banktelecopy) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the any Borrower of its obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 1 contract

Samples: Credit Agreement (Fuller H B Co)

Disbursement Procedures. The applicable Issuing Bank shall, promptly promptlywithin the time allowed by applicable law or the specific terms of the Letter of Credit following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such The applicable Issuing Bank shall promptly notify the Administrative Agent and the applicable Borrower by telephone (confirmed by hand delivery, facsimile fax or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bankthrough Electronic System) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower Borrowers of its their obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 1 contract

Samples: Credit Agreement (Tetra Technologies Inc)

Disbursement Procedures. The applicable Issuing Bank Bank(s) for any Letter of Credit shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a such Letter of Credit. Such Issuing Bank Bank(s) shall promptly notify the Administrative Agent and the Borrower BorrowerObligor Representative by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Banktelecopy) of such demand for payment and whether such Issuing Bank has Bank(s) have made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower Borrowers of its their obligation to reimburse such Issuing Bank Bank(s) and the Revolving Credit Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 1 contract

Samples: Amendment No. 1 (Sprint Nextel Corp)

Disbursement Procedures. The applicable Each Issuing Bank shall, promptly within the period stipulated by terms and condition of Letter of Credit, following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such After such examination and provided that such document(s) are compliant, the applicable Issuing Bank shall promptly notify the Administrative Agent and the Borrower by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bank) in writing of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 1 contract

Samples: Credit Agreement (BKV Corp)

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Disbursement Procedures. The applicable Each Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of CreditCredit issued by such Issuing Bank. Such Each Issuing Bank shall promptly notify the Administrative Agent and the Borrower in writing by telephone (confirmed by hand deliverytelecopy, electronic mail, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bank) overnight courier of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such Issuing Bank and the applicable Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionSection 2.05.

Appears in 1 contract

Samples: Credit Agreement (E2open Parent Holdings, Inc.)

Disbursement Procedures. The applicable Each Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of CreditCredit issued by such Issuing Bank. Such Each Issuing Bank shall promptly notify the Administrative Agent and the Borrower in writing by telephone (confirmed by hand deliverytelecopy, electronic mail, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bank) overnight courier of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such Issuing Bank and the applicable Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this Section.Section 2.05. AMERICAS 123601947 95

Appears in 1 contract

Samples: Credit Agreement (E2open Parent Holdings, Inc.)

Disbursement Procedures. The applicable Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such Issuing Bank shall promptly notify the Administrative Agent Agent, the Borrower and the Borrower Applicant Party (if other than the Borrower) by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Banktelecopy) of such demand for payment and whether such Issuing Bank has made an LC or will make a L/C Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such Issuing Bank and and, if applicable, the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionL/C Disbursement.

Appears in 1 contract

Samples: Superpriority Secured Second Out Debtor in Possession Credit Agreement (Alpha Natural Resources, Inc.)

Disbursement Procedures. The applicable Each Issuing Bank shall, promptly within a reasonable time following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of CreditCredit issued by such Issuing Bank. Such The applicable Issuing Bank shall promptly after such examination notify the Administrative Agent and the Borrower by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Banktelecopy) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such Issuing Bank and the Revolving applicable Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this Section.Disbursement. 767537780 60

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (North Haven Private Income Fund a LLC)

Disbursement Procedures. The applicable Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such The Issuing Bank shall promptly notify the Administrative Agent and the Borrower Company by telephone (confirmed by hand delivery, facsimile facsimile) or by electronic communication) (, if arrangements for doing so have been approved by the applicable Issuing Bank) Bank and the recipient, of such demand for payment and whether such the Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower Company of its obligation to reimburse such the Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 1 contract

Samples: Credit Agreement (Beam Inc)

Disbursement Procedures. The applicable Issuing Bank shall, promptly promptlywithin the time allowed by applicable law or the specific terms of the Letter of Credit following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such The Issuing Bank shall promptly notify the Administrative Agent and the applicable Borrower by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bankthrough Electronic Systems) of such demand for payment and whether such the Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower Borrowers of its their obligation to reimburse such the Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 1 contract

Samples: Credit Agreement (GLOBAL INDUSTRIAL Co)

Disbursement Procedures. The applicable Each Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of CreditCredit issued by such Issuing Bank. Such Each Issuing Bank shall promptly notify the Administrative Agent and the Borrower by telephone (confirmed by hand deliveryfacsimile or, facsimile or electronic communication) (if arrangements for doing so have been approved by in accordance with the applicable Issuing Banksecond paragraph of Section 9.1, email) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided provided, that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 1 contract

Samples: Abl Credit Agreement (Southeastern Grocers, Inc.)

Disbursement Procedures. The applicable Issuing Bank for any ----------------------- Letter of Credit shall, promptly within a reasonable time following its receipt thereof, examine all documents purporting to represent a demand for payment under a such Letter of Credit. Such Issuing Bank shall promptly after such examination notify the Administrative Agent and the Borrower Company (on behalf of the applicable Borrower) by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Banktelecopy) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any -------- failure to give or delay in giving such notice shall not relieve the such Borrower of its obligation to reimburse such Issuing Bank and the Revolving Lenders Banks with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 1 contract

Samples: Credit Agreement (Anheuser-Busch Companies, Inc.)

Disbursement Procedures. The applicable Each Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of CreditCredit issued by such Issuing Bank. Such Issuing Bank shall promptly notify the Administrative Agent and the Borrower by telephone (confirmed by hand delivery, facsimile fax or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bank) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that such notice need not be given prior to payment by the Issuing Bank and any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 1 contract

Samples: Credit Agreement (Gulfport Energy Corp)

Disbursement Procedures. The applicable Each Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of CreditCredit issued by such Issuing Bank. Such Each Issuing Bank shall promptly notify the Administrative Agent and the Borrower in writing by telephone (confirmed by hand deliverytelecopy, electronic mail, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bank) AMERICAS 107903477 overnight courier of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such Issuing Bank and the applicable Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionSection 2.05.

Appears in 1 contract

Samples: Credit Agreement (E2open Parent Holdings, Inc.)

Disbursement Procedures. The applicable relevant Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such The relevant Issuing Bank shall promptly notify the Administrative Agent and the Borrower by telephone (confirmed by hand delivery, facsimile telecopy or transmission by electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bankcommunication in accordance with Section 9.01(b)) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such the relevant Issuing Bank and the Revolving Lenders Applicable Participants with respect to any such LC Disbursement (other than with respect to the timing of such reimbursement obligation set forth in accordance with paragraph clause (fe) of this Section).

Appears in 1 contract

Samples: Restatement Agreement (Delphi Automotive PLC)

Disbursement Procedures. The applicable Each Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such Each Issuing Bank shall promptly notify the Administrative Agent and the Borrower by telephone (confirmed in writing by hand delivery, delivery or facsimile or other electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bankformat) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionSection 2.05.

Appears in 1 contract

Samples: Credit Agreement (AgroFresh Solutions, Inc.)

Disbursement Procedures. The applicable Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such Issuing Bank shall promptly notify the Administrative Agent and the Parent Borrower by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bank) of such demand for payment and whether such Issuing Bank has made an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower Borrowers of its their obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this Section.

Appears in 1 contract

Samples: Credit Agreement (SMART Global Holdings, Inc.)

Disbursement Procedures. The applicable Each Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of CreditCredit issued by it. Such Issuing Bank shall promptly notify the Administrative Agent and the applicable Borrower by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Banktelecopy) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunderthereunder and the proposed LC Disbursement date; provided PROVIDED that any failure to give or delay in giving such notice shall not relieve the such Borrower of its obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 1 contract

Samples: Effectiveness Agreement (Alliant Techsystems Inc)

Disbursement Procedures. The applicable An Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such Issuing Bank shall promptly notify the Administrative Agent and Agent, the Borrower or the applicable Designated Borrower by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Banktelecopy) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower or such Designated Borrower, as applicable, of its obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 1 contract

Samples: Credit Agreement (Cognizant Technology Solutions Corp)

Disbursement Procedures. The applicable Issuing Bank shall, promptly within the time allowed by applicable law or the express terms of such Letter of Credit following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such The applicable Issuing Bank shall promptly after such examination notify the Administrative Agent and the Applicable Borrower by telephone (confirmed by hand delivery, facsimile fax or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bankemail) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Applicable Borrower of its obligation to reimburse such Issuing Bank and the Revolving Global Tranche Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 1 contract

Samples: Credit Agreement (Tupperware Brands Corp)

Disbursement Procedures. The applicable Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such Issuing Bank shall promptly notify the Administrative Agent and the Borrower Agent by telephone (confirmed by hand delivery, facsimile (or transmit by electronic communication) (, if arrangements for doing so have been approved by the applicable Issuing Bank)) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower Borrowers of its their obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 1 contract

Samples: Credit Agreement (Northern Tier Energy LP)

Disbursement Procedures. The applicable Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such The Issuing Bank shall promptly notify give written notice to the Administrative Agent and the Borrower by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bank) of such demand for payment and whether such the Issuing Bank has made or will make an LC Disbursement thereunder, and the Administrative Agent shall promptly give the Borrowers written notice of such demand for payment upon receiving such notice from the Issuing Bank; provided that any failure to give or delay in giving such notice shall not relieve the Borrower Borrowers of its obligation their Reimbursement Obligation to reimburse such the Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement (other than with respect to the timing of such Reimbursement Obligation set forth in accordance with paragraph (f) of this SectionSection 2.18(e)).

Appears in 1 contract

Samples: Credit Agreement (Nutrition Topco, LLC)

Disbursement Procedures. The applicable Issuing Bank for any Letter of Credit shall, promptly within the time allowed by applicable law or the specific terms of the Letter of Credit following its receipt thereof, examine all documents purporting to represent a demand for payment under a such Letter of Credit. Such Issuing Bank shall promptly after such examination notify the Administrative Agent and the applicable Borrower by telephone (confirmed by hand delivery, facsimile fax or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bankthrough Electronic Systems) of such demand for payment and whether if such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower Borrowers of its their obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 1 contract

Samples: Credit Agreement (iPower Inc.)

Disbursement Procedures. The applicable Issuing Bank shall, promptly following its receipt thereofwithin the period stipulated by the terms and conditions of the applicable Letter of Credit, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such The applicable Issuing Bank shall promptly after such examination notify the Administrative Agent and the Borrower by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Banktelecopy) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 1 contract

Samples: Credit Agreement (Newmont Mining Corp /De/)

Disbursement Procedures. The applicable Each Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of CreditCredit issued by it. Such Issuing Bank shall promptly notify the Administrative Agent and the applicable Borrower by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Banktelecopy) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunderthereunder and the proposed LC Disbursement date; provided that any failure to give or delay in giving such notice shall not relieve the such Borrower of its obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 1 contract

Samples: Credit Agreement (Alliant Techsystems Inc)

Disbursement Procedures. The applicable Each Issuing Bank shall, promptly within a reasonable time following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of CreditCredit issued by such Issuing Bank. Such The applicable Issuing Bank shall promptly after such examination notify the Administrative Agent and the Borrower by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Banktelecopy) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such the applicable Issuing Bank and the Revolving applicable Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (Apollo Investment Corp)

Disbursement Procedures. The applicable Any Issuing Bank shall, promptly following its receipt thereofwithin the period of time stipulated by the terms and conditions of the applicable Letter of Credit, examine all documents purporting to represent a demand for payment under a such Letter of Credit. Such After such examination, such Issuing Bank shall promptly notify the Administrative Agent and the applicable Borrower by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Banktelecopy) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such Issuing Bank and the Revolving applicable Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (L Brands, Inc.)

Disbursement Procedures. The applicable Each Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such Each Issuing Bank shall promptly notify give written notice to the Administrative Agent and the Borrower by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bank) of such demand for payment and whether such the applicable Issuing Bank has made or will make an LC Disbursement thereunder, and the Administrative Agent shall promptly give the Borrower written notice of such demand for payment upon receiving such notice from the applicable Issuing Bank; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation Reimbursement Obligation to reimburse such the applicable Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement (other than with respect to the timing of such Reimbursement Obligation set forth in accordance with paragraph (f) of this SectionSection 2.17(e)).

Appears in 1 contract

Samples: Credit Agreement (Ping Identity Holding Corp.)

Disbursement Procedures. The applicable Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such The Issuing Bank shall promptly notify the Administrative Agent and the Borrower by telephone (confirmed by hand delivery, facsimile telecopy or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bankmail to such parties at their respective telecopy number or e-mail address set forth in Section 9.01) of such demand for payment and whether such the Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such the Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 1 contract

Samples: Letter of Credit and Reimbursement Agreement (Unisource Energy Corp)

Disbursement Procedures. The applicable Each Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such Each Issuing Bank shall promptly notify the Administrative Agent and (who in turn shall notify the Borrower Borrower) by telephone (confirmed by hand delivery, facsimile delivery or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bankfacsimile) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving any such notice shall not relieve the Borrower of its obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionSection 2.05.

Appears in 1 contract

Samples: Credit Agreement (Zix Corp)

Disbursement Procedures. The applicable Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such The Issuing Bank shall promptly after such examination notify the Administrative Agent and the Borrower by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bankthrough Electronic Systems) of such demand for payment and whether such the Issuing Bank has made or will make an LC Disbursement thereunder; provided that such notice need not be given prior to payment by the Issuing Bank and any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such the Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 1 contract

Samples: Credit Agreement (Cactus, Inc.)

Disbursement Procedures. The applicable An Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such Issuing Bank shall promptly notify the Administrative Agent and Agent, the Borrower or the applicable Designated Borrower by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Banktelecopy) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower or such Designated Borrower, as applicable, of its obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (PayPal Holdings, Inc.)

Disbursement Procedures. The applicable Each Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of CreditCredit issued by such Issuing Bank. Such Each Issuing Bank shall promptly notify the Administrative Agent and the applicable Borrower by telephone (confirmed by hand deliveryfacsimile or, facsimile or electronic communication) (if arrangements for doing so have been approved by in accordance with the applicable Issuing Banksecond paragraph of Section 9.1, email) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided provided, that any failure to give or delay in giving such notice shall not relieve the applicable Borrower of its obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 1 contract

Samples: Abl Credit Agreement (Forterra, Inc.)

Disbursement Procedures. The applicable Issuing Bank (or Underlying Issuer) shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such The Issuing Bank (or Underlying Issuer) shall promptly notify the Administrative Agent and the Borrower Borrowers by email or telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Banktelecopy) of such demand for payment and whether such the Issuing Bank (or Underlying Issuer) has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower Borrowers of its their obligation to reimburse such the Issuing Bank (or Underlying Issuer) and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 1 contract

Samples: Senior Credit Agreement (Quest Resource Corp)

Disbursement Procedures. The applicable Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such Issuing Bank shall promptly notify the Administrative Agent and the applicable Borrower (or Borrower Agent) by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable otherwise as Borrower Agent and Issuing BankBank may agree) of such demand for payment and whether such Issuing Bank has made an LC Disbursement thereunderor will make any payment in respect thereof; provided that provided, that, any failure to give or delay in giving such notice shall not relieve the applicable Borrower of its obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this Sectionpayment.

Appears in 1 contract

Samples: Loan and Security Agreement (CPG International Inc.)

Disbursement Procedures. The applicable Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit within the period allowed under the applicable rules under such Letter of Credit. Such Issuing Bank shall promptly notify the Administrative Agent and the Borrower Company by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Banktelecopy) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the anythe Borrower of its obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 1 contract

Samples: Credit Agreement (Fuller H B Co)

Disbursement Procedures. The applicable Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such Issuing Bank shall promptly notify the Administrative Agent and the applicable Revolving Facility Borrower by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bankmeans) of any such demand for payment under a Letter of Credit and whether such Issuing Bank has made or will make an LC L/C Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the such Revolving Facility Borrower of its obligation to reimburse such Issuing Bank and the Revolving Facility Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionL/C Disbursement.

Appears in 1 contract

Samples: Credit Agreement (Apollo Global Management LLC)

Disbursement Procedures. The Each applicable Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such The applicable Issuing Bank shall promptly notify the Administrative Agent and the Borrower by telephone (confirmed by hand delivery, facsimile or electronic communicationemail) (if arrangements for doing so have been approved by the applicable Issuing Bank) or written notice of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that that, subject to Section 2.08(e), any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such Issuing Bank and or the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 1 contract

Samples: Credit Agreement (Whiting Petroleum Corp)

Disbursement Procedures. The applicable Issuing Bank for any ----------------------- Letter of Credit shall, promptly within a reasonable time following its receipt thereof, examine all documents purporting to represent a demand for payment under a such Letter of Credit. Such Issuing Bank shall promptly after such examination notify the Administrative Agent and the Borrower Company (on behalf of the applicable Borrower) by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Banktelecopy) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in -------- giving such notice shall not relieve the such Borrower of its obligation to reimburse such Issuing Bank and the Revolving Lenders Banks with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 1 contract

Samples: Credit Agreement (Anheuser Busch Companies Inc)

Disbursement Procedures. The applicable Each Issuing Bank shall, promptly within the period stipulated by the terms and conditions of the Letter of Credit, following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such After such examination, each Issuing Bank shall promptly notify the Administrative Agent and the Requesting Borrower by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Banktelecopy) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Requesting Borrower of its obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Freeport-McMoran Inc)

Disbursement Procedures. The applicable Issuing Bank Bank(s) for any Letter of Credit shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a such Letter of Credit. Such Issuing Bank Bank(s) shall promptly notify the Administrative Agent and the Borrower Representative by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Banktelecopy) of such demand for payment and whether such Issuing Bank has Bank(s) have made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower Borrowers of its their obligation to reimburse such Issuing Bank Bank(s) and the Revolving Credit Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 1 contract

Samples: Credit Agreement (Sprint Nextel Corp)

Disbursement Procedures. The applicable An Issuing Bank shall, promptly within the time allowed by applicable law or the specific terms of the Letter of Credit following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. Such Issuing Bank shall promptly after such examination notify the Administrative Agent and the Borrower by telephone (confirmed by hand delivery, facsimile telecopy or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Bankelectric mail) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the Borrower of its obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this Section.Disbursement. 44

Appears in 1 contract

Samples: Credit Agreement (Arcosa, Inc.)

Disbursement Procedures. The applicable Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit within the period allowed under the applicable rules under such Letter of Credit. Such Issuing Bank shall promptly notify the Administrative Agent and the applicable Borrower by telephone (confirmed by hand delivery, facsimile or electronic communication) (if arrangements for doing so have been approved by the applicable Issuing Banktelecopy) of such demand for payment and whether such Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the any Borrower of its obligation to reimburse such Issuing Bank and the Revolving Lenders with respect to any such LC Disbursement in accordance with paragraph (f) of this SectionDisbursement.

Appears in 1 contract

Samples: Credit Agreement (Fuller H B Co)

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