Common use of Disbursements Clause in Contracts

Disbursements. The Issuer will notify the Borrower Representative and the Agent promptly of the presentment for payment of any Letter of Credit issued by the Issuer, together with notice of the date (the “Disbursement Date”) such payment shall be made (each such payment, a “Disbursement”). Subject to the terms and provisions of such Letter of Credit and this Agreement, the Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 p.m. (noon) on the first Business Day following the Disbursement Date, the Borrowers will reimburse the Agent, for the account of the Issuer, for all amounts which the Issuer has disbursed under such Letter of Credit, together with interest thereon at a rate per annum equal to the rate per annum then in effect for Base Rate Loans (with the then Applicable Margin for Revolving Loans accruing on such amount) pursuant to Section 3.2 for the period from the Disbursement Date through the date of such reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Application, theeach Borrower hereby acknowledges and agrees that it shall be obligated to reimburse the Issuer upon each Disbursement of a Letter of Credit, and it shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, whether issued for the account of thea Borrower or any Obligor.

Appears in 3 contracts

Samples: Credit Agreement, Credit Agreement (Parametric Sound Corp), Credit Agreement (Parametric Sound Corp)

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Disbursements. The An Issuer will notify the applicable Borrower Representative and the Administrative Agent promptly of the presentment for payment of any drawing under a Letter of Credit issued by the such Issuer, together with notice of the date (the “Disbursement Date”) such payment shall be made (each such payment, a “Disbursement”). Subject to the terms and provisions of such Letter of Credit and this AgreementCredit, the applicable Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 p.m. (noon) 11:00 a.m. on the first Business Day following the Disbursement Date, the Borrowers applicable Borrower will reimburse the Administrative Agent, for the account of the applicable Issuer, for all amounts which the such Issuer has disbursed under such Letter of Credit, such payments to be made in Dollars (and in the amount which is the Dollar Equivalent of any such payment or disbursement made or denominated in an Alternate Currency) together with interest thereon at a rate per annum equal to the rate per annum then in effect for Base Rate Loans (with the then Applicable Margin for Revolving Loans accruing on such amount) pursuant to Section 3.2 for the period from the Disbursement Date through the date of such reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Applicationseparate application for any Letter of Credit, theeach each Borrower hereby acknowledges and agrees that it shall be obligated to reimburse the applicable Issuer upon each Disbursement of a Letter of Credit, and it shall be deemed to be the obligor Obligor for purposes of each such Letter of Credit issued hereunder, hereunder (whether issued for the account party on such Letter of thea Credit is a Borrower or any Obligora Subsidiary).

Appears in 3 contracts

Samples: Credit Agreement (Ferro Corp), Credit Agreement (Ferro Corp), Credit Agreement (Ferro Corp)

Disbursements. The An Issuer will notify the applicable Borrower Representative and the Revolving Loan Administrative Agent promptly of the presentment for payment of any Letter of Credit issued by the such Issuer, together with notice of the date (the “Disbursement Date”) such payment shall be made (each such payment, a “Disbursement”). Subject to the terms and provisions of such Letter of Credit and this Agreement, the applicable Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 p.m. (noon) 11:00 a.m. on the first Business Day following the Disbursement Date, the Borrowers applicable Borrower will reimburse the Revolving Loan Administrative Agent, for the account of the applicable Issuer, for all amounts which the such Issuer has disbursed under such Letter of Credit, such payments to be made in Dollars (and in the amount which is the Dollar Equivalent of any such payment or disbursement made or denominated in an Alternate Currency) together with interest thereon at a rate per annum equal to the rate per annum then in effect for Base Rate Loans (with the then Applicable Margin for Revolving Loans accruing on such amount) pursuant to Section 3.2 for the period from the Disbursement Date through the date of such reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Applicationseparate application for any Letter of Credit, theeach each Borrower hereby acknowledges and agrees that it shall be obligated to reimburse the applicable Issuer upon each Disbursement of a Letter of Credit, and it shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, hereunder (whether issued for the account party on such Letter of thea Credit is a Borrower or any Obligora Subsidiary Guarantor).

Appears in 3 contracts

Samples: Credit Agreement (Ferro Corp), Credit Agreement (Ferro Corp), Credit Agreement (Ferro Corp)

Disbursements. The An Issuer will notify the Borrower Representative and the Administrative Agent promptly of the presentment for payment of any Letter of Credit issued by the such Issuer, together with notice of the date (the “Disbursement Date”) such payment shall be made (each such payment, a “Disbursement”). Subject to the terms and provisions of such Letter of Credit and this Agreement, the applicable Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 p.m. (noon) 11:00 a.m. on the first Business Day following the Disbursement Date, the Borrowers Borrower will reimburse the Administrative Agent, for the account of the applicable Issuer, for all amounts which the such Issuer has disbursed under such Letter of Credit, together with interest thereon at a rate per annum equal to the rate per annum then in effect for Base Rate Loans (with the then Applicable Margin for Revolving Loans accruing on such amount) pursuant to clause (a) of Section 3.2 3.2.1 for the period from the Disbursement Date through the date of such reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Applicationseparate application for any Letter of Credit, theeach the Borrower hereby acknowledges and agrees that it shall be obligated to reimburse the applicable Issuer upon each Disbursement of a Letter of Credit, and it shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, hereunder (whether issued for the account party on such Letter of thea Credit is the Borrower or any Obligora Subsidiary Guarantor).

Appears in 3 contracts

Samples: Credit Agreement (Kansas City Southern), Credit Agreement (Kansas City Southern De Mexico, S.A. De C.V.), Credit Agreement (Kansas City Southern De Mexico, S.A. De C.V.)

Disbursements. The Issuer will notify the U.S. Borrower Representative and the Administrative Agent promptly of the presentment for payment of any Letter of Credit issued by the Issuer, together with notice of the date (the "Disbursement Date") such payment shall be made (each such payment, a "Disbursement"). Subject to the terms and provisions of such Letter of Credit and this Agreement, the Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 p.m. (noon) 11:00 a.m. on the first Business Day following the Disbursement Date, the Borrowers will reimburse the Administrative Agent, for the account of the Issuer, for all amounts which the Issuer has disbursed under such Letter of Credit, together with interest thereon at a rate per annum equal to the rate per annum then in effect for Base Rate Loans (with the then Applicable Margin for Revolving Loans accruing on such amount) pursuant to Section 3.2 for the period from the Disbursement Date through the date of such reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Applicationseparate application for any Letter of Credit, theeach Borrower the Borrowers hereby acknowledges acknowledge and agrees agree that it they shall be obligated obligated, jointly and severally, to reimburse the Issuer upon each Disbursement of a Letter of Credit, and it shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, hereunder (whether issued for the account party on such Letter of thea Credit is any Borrower or any Obligora Subsidiary Guarantor).

Appears in 3 contracts

Samples: Credit Agreement (Chesapeake Corp /Va/), Credit Agreement (Chesapeake Corp /Va/), Credit Agreement (Chesapeake Corp /Va/)

Disbursements. The An Issuer will notify the Borrower Representative Borrowers and the Administrative Agent promptly of the presentment for payment of any Letter of Credit issued by the such Issuer, together with notice of the date (the “Disbursement Date”) such payment shall be made (each such payment, a “Disbursement”). Subject to the terms and provisions of such Letter of Credit and this Agreement, the applicable Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 p.m. (noon) 11:00 a.m. on the first Business Day following the Disbursement Date, the Borrowers will reimburse the AgentAdministrative Agent (which may be financed by a Revolving Loan or Swing Line Loan), for the account of the applicable Issuer, for all amounts which the such Issuer has disbursed under such Letter of Credit, together with interest thereon at a rate per annum equal to the rate per annum then in effect for Base Rate Loans (with the then Applicable Margin for Revolving Loans accruing on such amount) pursuant to clause (a) of Section 3.2 3.2.1 for the period from the Disbursement Date through the date of such reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Applicationseparate application for any Letter of Credit, theeach each Borrower hereby acknowledges and agrees that it shall be obligated jointly and severally to reimburse the applicable Issuer upon each Disbursement of a Letter of Credit, and it shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, hereunder (whether issued for the account party on such Letter of thea Credit is a Borrower or any Obligora Subsidiary Guarantor).

Appears in 2 contracts

Samples: Credit Agreement (Sabre Industries, Inc.), Credit Agreement (Sabre Industries, Inc.)

Disbursements. The An Issuer will notify the applicable Borrower Representative and the Administrative Agent promptly of the presentment for payment of any Letter of Credit issued by the such Issuer, together with notice of the date (the “Disbursement Date”) such payment shall be made (each such payment, a “Disbursement”). Subject to the terms and provisions of such Letter of Credit and this Agreement, the applicable Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 p.m. (noon) on the first Business Day following the Disbursement Date, the Borrowers will reimburse the Administrative Agent, for the account of the applicable Issuer, for all amounts which the such Issuer has disbursed under such Letter of Credit, together with interest thereon at a rate per annum equal to the rate per annum then in effect for Base Rate Loans (with plus the then Applicable Margin for Revolving such Loans accruing on such amount) pursuant to Section 3.2 for the period from the Disbursement Date through the date of such reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Applicationseparate application for any Letter of Credit, theeach the Revolving Loan Borrower (in respect of Revolving Letters of Credit) and each Borrower (in respect of Synthetic Letters of Credit) hereby acknowledges and agrees that it shall be obligated to reimburse the applicable Issuer upon each Disbursement of a Letter of Credit, and it shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, hereunder (whether issued for the account party on such Letter of thea Credit is a Borrower or any Obligora Subsidiary Guarantor).

Appears in 2 contracts

Samples: Credit Agreement (Swift Holdings Corp.), Credit Agreement (Swift Holdings Corp.)

Disbursements. The Issuer will notify the Administrative Borrower Representative and the Agent promptly of the presentment for payment of any Letter of Credit issued by the Issuer, together with notice of the date (the “Disbursement Date”) such payment shall be made (each such payment, a “Disbursement”). Subject to the terms and provisions of such Letter of Credit and this Agreement, the Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 p.m. 11:00 a.m. (noonNew York time) on the first Business Day following the Disbursement Date, the Borrowers applicable Borrower will reimburse the Agent, for the account of the applicable Issuer, for all amounts which the Issuer has disbursed under such Letter of Credit, Credit together with interest thereon at a rate per annum equal to the rate per annum then in effect for Base Rate Loans (with the then Applicable Margin for Revolving Loans accruing on such amount) pursuant to Section 3.2 hereof for the period from the Disbursement Date through the date of such reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Applicationseparate application for any Letter of Credit, theeach each Borrower hereby acknowledges and agrees that it shall be obligated to reimburse the Issuer upon each Disbursement of a Letter of Credit, and it shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, hereunder (whether issued for the account party on such Letter of thea Credit is a Borrower or any Obligora Guarantor).

Appears in 2 contracts

Samples: Credit Agreement (Winn Dixie Stores Inc), Credit Agreement (Winn Dixie Stores Inc)

Disbursements. The An Issuer will notify the Borrower Representative and the Administrative Agent promptly of the presentment for payment of any Letter of Credit issued by the such Issuer, together with notice of the date (the "Disbursement Date") such payment shall be made (each such payment, a "Disbursement"). Subject to the terms and provisions of such Letter of Credit and this Agreement, the applicable Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 p.m. (noon) noon on the first Business Day following the Disbursement Date, the Borrowers Borrower will (a) deliver a Borrowing Notice to the Administrative Agent in order to refinance such Reimbursement Obligation with a Revolving Loan accruing at the Base Rate or (b) reimburse the Agent, for the account of the applicable Issuer, for all amounts which the such Issuer has disbursed under such Letter of Credit, together with interest thereon at a rate per annum equal to the rate per annum then in effect for Base Rate Loans (with the then Applicable Margin for Revolving Loans accruing on such amount) pursuant to Section 3.2 for the period from the Disbursement Date through the date of such reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Applicationseparate application for any Letter of Credit, theeach the Borrower hereby acknowledges and agrees that it shall be obligated to reimburse the applicable Issuer upon each Disbursement of a Letter of Credit, and it shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, hereunder (whether issued for the account party on such Letter of thea Credit is the Borrower or any Obligora Subsidiary Guarantor).

Appears in 2 contracts

Samples: Credit Agreement (Southern Bottled Water Co Inc), Credit Agreement (Reddy Ice Holdings Inc)

Disbursements. The An Issuer will notify the Borrower Representative and the Administrative Agent promptly of the presentment for payment of any Letter of Credit issued by the such Issuer, together with notice of the date (the "Disbursement Date") such payment shall be made (each such payment, a "Disbursement"). Subject to the terms and provisions of such Letter of Credit and this Agreement, the applicable Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 p.m. (noon) 11:00 a.m., New York time, on the first Business Day following the Disbursement Date, the Borrowers Borrower will reimburse the Administrative Agent, for the account of the applicable Issuer, for all amounts which the such Issuer has disbursed under such Letter of Credit, together with interest thereon at a rate per annum equal to the rate per annum then in effect for Base Rate Loans (with the then Applicable Margin for Revolving Loans accruing on such amount) pursuant to Section 3.2 for the period from the Disbursement Date through the date of such reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Applicationseparate application for any Letter of Credit, theeach the Borrower hereby acknowledges and agrees that it shall be obligated to reimburse the applicable Issuer upon each Disbursement of a Letter of Credit, and it shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, hereunder (whether issued for the account party on such Letter of thea Credit is the Borrower or any Obligora Subsidiary).

Appears in 2 contracts

Samples: Credit Agreement (Stillwater Mining Co /De/), Credit Agreement (United Auto Group Inc)

Disbursements. The Issuer will notify the Borrower Representative and the Administrative Agent promptly of the presentment for payment of any Letter of Credit issued by the Issuer, together with notice of the date (the "Disbursement Date") such payment shall be made (each such payment, a "Disbursement"). Subject to the terms and provisions of such Letter of Credit and this Agreement, the Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to Not later than 12:00 p.m. (noon) noon on the first Business Day following the Disbursement Date, the Borrowers Borrower will reimburse the Administrative Agent, for the account of the Issuer, for all amounts which the Issuer has disbursed under such Letter of CreditCredit in good faith, together with interest thereon at a rate per annum equal to the rate per annum then in effect for Base Rate Loans (with the then Applicable Margin for Revolving Loans accruing on such amount) pursuant to Section 3.2 for the period from the Disbursement Date through the date of such reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Applicationseparate application for any Letter of Credit, theeach the Borrower hereby acknowledges and agrees that it shall be obligated to reimburse the Issuer upon each Disbursement of a Letter of CreditCredit made by the Issuer in good faith, and it shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, hereunder (whether issued for the account party on such Letter of thea Credit is the Borrower or any Obligora Subsidiary Guarantor).

Appears in 2 contracts

Samples: Assignment, Amendment and Restatement Agreement (Global Power Equipment Group Inc/), Credit Agreement (Global Power Equipment Group Inc/)

Disbursements. The An Issuer will notify the applicable Borrower Representative and the Administrative Agent promptly of the presentment for payment of any Letter of Credit issued by the such Issuer, together with notice of the date (the "Disbursement Date") such payment shall be made (each such payment, a "Disbursement"). Subject to the terms and provisions of such Letter of Credit and this Agreement, the applicable Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 p.m. (noon) on the first Business Day following the Disbursement Date, the Borrowers will reimburse the Administrative Agent, for the account of the applicable Issuer, for all amounts which the such Issuer has disbursed under such Letter of Credit, together with interest thereon at a rate per annum equal to the rate per annum then in effect for Base Rate Loans (with plus the then Applicable Margin for Revolving such Loans accruing on such amount) pursuant to Section 3.2 for the period from the Disbursement Date through the date of such reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Applicationseparate application for any Letter of Credit, theeach the Revolving Loan Borrower (in respect of Revolving Letters of Credit) and each Borrower (in respect of Synthetic Letters of Credit) hereby acknowledges and agrees that it shall be obligated to reimburse the applicable Issuer upon each Disbursement of a Letter of Credit, and it shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, hereunder (whether issued for the account party on such Letter of thea Credit is a Borrower or any Obligora Subsidiary Guarantor).

Appears in 2 contracts

Samples: Credit Agreement (Swift Transportation Co Inc), Credit Agreement (Swift Transportation Co Inc)

Disbursements. The Issuer will notify the Borrower Representative KIL and the Administrative Agent promptly of the presentment for payment of any Letter of Credit issued by the Issuer, together with notice of the date (the “Disbursement Date”) such payment shall be made (each such payment, a “Disbursement”). Subject to the terms and provisions of such Letter of Credit and this Agreement, the Issuer shall make such payment Disbursement to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 p.m. (noon) 5:00 p.m., New York City time, on the first Business Day following the Disbursement Date, the Borrowers will (or any one of them) reimburse the Administrative Agent, for the account of the Issuer, for all amounts which the Issuer has disbursed under such Letter of CreditCredit (in the currency in which such Disbursement was made), together with interest thereon (in the currency in which such Disbursement was made) at a rate per annum equal to the rate per annum then in effect for Base Rate Loans (with the then Applicable Margin for Revolving Loans accruing on such amount) pursuant to Section 3.2 for the period from the Disbursement Date through the date of such reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Applicationseparate application for any Letter of Credit, theeach each Borrower hereby acknowledges and agrees that it shall be jointly and severally obligated to reimburse the Issuer upon each Disbursement of a Letter of CreditCredit (including Letters of Credit issued for the account of the other Borrowers or a Guarantor), and it each Borrower shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, hereunder (whether issued for the account party on such Letter of thea Credit is such Borrower or any Obligora Guarantor).

Appears in 2 contracts

Samples: Credit Agreement (Kerzner International LTD), Credit Agreement (Kerzner International Employment Services LTD)

Disbursements. The Each Issuer of a Letter of Credit hereunder will notify the Borrower Representative and the Administrative Agent promptly of the presentment for payment of any such Letter of Credit issued by the IssuerCredit, together with notice of the date (the "Disbursement Date") such payment shall be made (each such payment, a "Disbursement"). Subject to the terms and provisions of such Letter of Credit and this Agreement, the such Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to Not later than 12:00 p.m. (noon) noon on the first Business Day following the Disbursement Date, the Borrowers Borrower will reimburse the Administrative Agent, for the account of the such Issuer, for all amounts which the such Issuer has disbursed under such Letter of CreditCredit in good faith, together with interest thereon at a rate per annum equal to the rate per annum then in effect for Alternate Base Rate Loans (with the then Applicable Margin for Revolving Loans accruing on such amount) pursuant to Section 3.2 for the period from the Disbursement Date through the date of such reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Applicationseparate application for any Letter of Credit, theeach the Borrower hereby acknowledges and agrees that it shall be obligated to reimburse the each Issuer upon each Disbursement by such Issuer of a Letter of CreditCredit made by such Issuer in good faith, and it shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, hereunder (whether issued for the account party on such Letter of thea Credit is the Borrower or any Obligora Subsidiary).

Appears in 2 contracts

Samples: Credit Agreement (Associated Materials Inc), Credit Agreement (Associated Materials Inc)

Disbursements. The Issuer will notify (a) Company acknowledges that Escrow Agent shall be obligated to disburse Subscription Proceeds only in accordance with Section 3(b) and 3(c) below. (b) Upon confirmation by the Borrower Representative and Escrow Agent that the Contingency has occurred, the Escrow Agent promptly shall disburse Subscription Proceeds in its possession to the account of the presentment for Company in accordance with the instructions and payment of any Letter of Credit issued by file the Issuer, together with notice of the date Placement Agent provides (the “Disbursement Date”) such payment shall be made (each such payment, a “Initial Disbursement”). Subject The Placement Agent shall notify the Escrow Agent (i) the timing and how to disburse Subscription Proceeds deposited after Initial Disbursement, if applicable, and (ii) upon the terms final disbursement of Subscription Proceeds, after which this Agreement terminates. (c) If the Contingency does not occur and provisions the Placement Agent has not theretofore notified the Escrow Agent in writing of an extension of the Offering, then upon receipt of a payment file from the Placement Agent, the Escrow Agent shall refund to each of the Subscribers the full amount of Subscription Proceeds furnished by each such Letter Subscriber, without deduction or payment of Credit interest. (d) On or before the execution and delivery of this Agreement, the Issuer Company shall make such payment provide to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 p.m. (noon) on the first Business Day following the Disbursement Date, the Borrowers will reimburse the Placement Agent, for the account of the Issuer, for all amounts which the Issuer has disbursed under such Letter of Credit, together with interest thereon at a rate per annum equal who will provide to the rate per annum then in effect for Base Rate Loans (with the then Applicable Margin for Revolving Loans accruing on such amount) pursuant to Section 3.2 for the period from the Disbursement Date through the date of such reimbursementEscrow Agent a completed Form W-9 or Form W-8, whichever is appropriate. Without limiting in any way the foregoing and notwithstanding Notwithstanding anything to the contrary contained herein provided, the Escrow Agent shall have no duty to prepare or in file any Application, theeach Borrower hereby acknowledges and agrees that it shall be obligated federal or state tax report or return with respect to reimburse the Issuer upon each Disbursement of a Letter of Credit, and it shall be deemed any funds held pursuant to be the obligor for purposes of each such Letter of Credit issued hereunder, whether issued for the account of thea Borrower this Agreement or any Obligorincome earned thereon. (e) The Company shall make a copy of this Agreement available to each Rev. Subscriber.

Appears in 2 contracts

Samples: Subscription Escrow Agreement (Hylete, Inc.), Subscription Escrow Agreement (Hylete, Inc.)

Disbursements. The An Issuer will notify the Borrower Representative and the Administrative Agent promptly of the presentment for payment of any Letter of Credit issued by the such Issuer, together with notice of the date (the “Disbursement Date”) such payment shall be made (each such payment, a “Disbursement”). Subject to the terms and provisions of such Letter of Credit and this Agreement, the applicable Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 p.m. (noon) 1:00 p.m., Charlotte time, on the first Business Day following the Disbursement Date, the Borrowers Borrower will reimburse the Administrative Agent, for the account of the applicable Issuer, for all amounts which the such Issuer has disbursed under such Letter of Credit, together with interest thereon at a rate per annum equal to the rate per annum then in effect for Base Rate Loans (with the then Applicable Margin for Revolving Loans accruing on such amount) pursuant to Section 3.2 3.3 for the period from the Disbursement Date through the date of such reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Applicationseparate application for any Letter of Credit, theeach the Borrower hereby acknowledges and agrees that it shall be obligated to reimburse the applicable Issuer upon each Disbursement of a Letter of Credit, and it shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, hereunder (whether issued for the account party on such Letter of thea Credit is the Borrower or any Obligora Subsidiary).

Appears in 2 contracts

Samples: Senior Secured Credit Agreement (Titan Corp), Senior Secured Credit Agreement (Titan Corp)

Disbursements. The An Issuer will notify the Borrower Representative and the Administrative Agent promptly of the presentment for payment of any Letter of Credit issued by the such Issuer, together with notice of the date (the "Disbursement Date") such payment shall be made (each such payment, a "Disbursement"). Subject to the terms and provisions of such Letter of Credit and this Agreement, the applicable Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 p.m. (noon) , New York time, on the first Business Day following the Disbursement Date, the Borrowers Borrower will reimburse the Administrative Agent, for the account of the applicable Issuer, for all amounts which the such Issuer has disbursed under such Letter of Credit, together with interest thereon at a rate per annum equal to the rate per annum then in effect for Base Rate Loans (with the then Applicable Margin for Revolving Loans accruing on such amount) pursuant to Section 3.2 for the period from the Disbursement Date through the date of such reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Applicationseparate application for any Letter of Credit, theeach the Borrower hereby acknowledges and agrees that it shall be obligated to reimburse the applicable Issuer upon each Disbursement of a Letter of Credit, and it shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, hereunder (whether issued for the account party on such Letter of thea Credit is the Borrower or any Obligora Restricted Subsidiary).

Appears in 1 contract

Samples: Credit Agreement (Adelphia Communications Corp)

Disbursements. The An Issuer will notify the applicable Borrower Representative and the Administrative Agent promptly of the presentment for payment of any Letter of Credit issued by the such Issuer, together with notice of the date (the “Disbursement Date”"DISBURSEMENT DATE") such payment shall be made (each such payment, a “Disbursement”"DISBURSEMENT"). Subject to the terms and provisions of such Letter of Credit and this Agreement, the applicable Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 p.m. (noon) 11:00 a.m. on the first Business Day following the Disbursement Date, the Borrowers applicable Borrower will reimburse the Administrative Agent, for the account of the applicable Issuer, for all amounts which the such Issuer has disbursed under such Letter of Credit, together with interest thereon at a rate per annum equal to the rate per annum then in effect for Base Rate Loans (with the then Applicable Margin for Revolving Loans accruing on such amount) pursuant to Section SECTION 3.2 for the period from the Disbursement Date through the date of such reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Applicationseparate application for any Letter of Credit, theeach each Borrower hereby acknowledges and agrees that it shall be obligated to reimburse the applicable Issuer upon each Disbursement of a Letter of Credit, and it shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, hereunder (whether issued for the account party on such Letter of thea Credit is the applicable Borrower or any Obligora Subsidiary Guarantor).

Appears in 1 contract

Samples: Credit Agreement (United Surgical Partners Holdings Inc)

Disbursements. The An Issuer will notify the Borrower Representative and the Administrative Agent promptly of the presentment for payment of any Letter of Credit issued by the such Issuer, together with notice of the date (the "Disbursement Date") such payment shall be made (each such payment, a "Disbursement"). Subject to the terms and provisions of such Letter of Credit and this AgreementCredit, the applicable Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 p.m. (noon) 11:00 a.m. New York time, on the first Business Day following the Disbursement Date, the Borrowers Borrower will reimburse the Administrative Agent, for the account of the applicable Issuer, for all amounts which the such Issuer has disbursed under such Letter of Credit, together with interest thereon at a rate per annum equal to the rate per annum then in effect for Base Rate Loans (with the then Applicable Margin for Revolving Loans accruing on such amount) pursuant to Section 3.2 for the period from the Disbursement Date through the date of such reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Applicationseparate application for any Letter of Credit, theeach the Borrower hereby acknowledges and agrees that it shall be obligated to reimburse the applicable Issuer upon each Disbursement of a Letter of Credit, and it shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, hereunder (whether issued for the account party on such Letter of thea Credit is the Borrower or any Obligora Subsidiary).

Appears in 1 contract

Samples: Credit Agreement (Stillwater Mining Co /De/)

Disbursements. The Issuer will notify the Borrower Representative and the ------------- Administrative Agent promptly of the presentment for payment of any Letter of Credit issued by the Issuer, together with notice of the date (the "Disbursement ------------ Date") such payment shall be made (each such payment, a "Disbursement"). ---- ------------ Subject to the terms and provisions of such Letter of Credit and this Agreement, the Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 p.m. (noon) , New York City time, on the first Business Day following the Disbursement Date, the Borrowers Borrower will reimburse the Administrative Agent, for the account of the Issuer, for all amounts which the Issuer has disbursed under such Letter of Credit, together with interest thereon at a rate per annum equal to the rate per annum then in effect for Base Rate Loans (with the then Applicable Margin for Revolving Loans accruing on such amount) pursuant to Section 3.2 for the period from the Disbursement Date through the date of such ----------- reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Applicationseparate application for any Letter of Credit, theeach the Borrower hereby acknowledges and agrees that it shall be obligated to reimburse the Issuer upon each Disbursement of a Letter of Credit, and it shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, whether issued for the account of thea Borrower or any Obligor.

Appears in 1 contract

Samples: Credit Agreement (Tci Satellite Entertainment Inc)

Disbursements. The An Issuer will notify the Borrower Representative and the Administrative Agent promptly of the presentment for payment of any Letter of Credit issued by the such Issuer, together with notice of the date (the “Disbursement Date”) such payment shall be made (each such payment, a “Disbursement”). Subject to the terms and provisions of such Letter of Credit and this Agreement, the applicable Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 12:30 p.m. (noon) on the first Business Day following the Disbursement Date, the Borrowers Borrower will reimburse the Administrative Agent, for the account of the applicable Issuer, for all amounts which the such Issuer has disbursed under such Letter of Credit, together with interest thereon at a rate per annum equal to the rate per annum then in effect for Base Rate Loans (with the then Applicable Margin for Revolving Loans accruing on such amount) pursuant to Section 3.2 for the period from the Disbursement Date through the date of such reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Applicationseparate application for any Letter of Credit, theeach the Borrower hereby acknowledges and agrees that it shall be obligated to reimburse the applicable Issuer upon each Disbursement of a Letter of Credit, and it shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, hereunder (whether issued for the account party on such Letter of thea Credit is the Borrower or any Obligora Guarantor).

Appears in 1 contract

Samples: Credit Agreement (Graphic Packaging Corp)

Disbursements. The An Issuer will notify the Borrower Representative and the Administrative Agent promptly of the presentment for payment of any Letter of Credit issued by the such Issuer, together with notice of the date (the "Disbursement Date") such payment shall be made (each such payment, a "Disbursement"). Subject to the terms and provisions of such Letter of Credit and this Agreement, the applicable Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 p.m. (noon) 1:00 p.m., New York time, on the first Business Day following the Disbursement Date, the Borrowers Borrower will reimburse the Administrative Agent, for the account of the applicable Issuer, for all amounts which the such Issuer has disbursed under such Letter of Credit, together with interest thereon at a rate per annum equal to the rate per annum then in effect for Base Rate Loans (with the then Applicable Margin for Revolving Loans accruing on such amount) pursuant to Section 3.2 for the period from the Disbursement Date through the date of such reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Applicationseparate application for any Letter of Credit, theeach the Borrower hereby acknowledges and agrees that it shall be obligated to reimburse the applicable Issuer upon each Disbursement of a Letter of Credit, and it shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, hereunder (whether issued for the account party on such Letter of thea Credit is the Borrower or any Obligora Subsidiary).

Appears in 1 contract

Samples: Credit Agreement (Titan Corp)

Disbursements. The Issuer will notify the Borrower Representative Borrowers and the Administrative Agent promptly of the presentment for payment of any Letter of Credit issued by the Issuer, together with notice of the date (the "Disbursement Date") such payment shall be made (each such payment, a "Disbursement"). Subject to the terms and provisions of such Letter of Credit and this Agreement, the Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 p.m. (noon) , New York time, on the first Business Day following the Disbursement Date, the Borrowers will agree to jointly and severally reimburse the Administrative Agent, for the account of the Issuer, for all amounts which the Issuer has disbursed under such Letter of Credit, together with interest thereon at a rate per annum equal to the rate per annum then in effect for Base Rate Loans (with the then Applicable Margin for Revolving Loans accruing on such amount) pursuant to Section 3.2 for the period from the Disbursement Date through the date of such reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Applicationseparate application for any Letter of Credit, theeach each Borrower hereby acknowledges and agrees that it shall be jointly and severally obligated to reimburse the Issuer upon each Disbursement of a Letter of Credit, and it shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, hereunder (whether issued for the account party on such Letter of thea Credit is a Borrower or any Obligora Restricted Subsidiary).

Appears in 1 contract

Samples: Credit Agreement (Adelphia Communications Corp)

Disbursements. The An Issuer will notify the Borrower Representative Company and the Administrative Agent promptly of the presentment for payment of any Letter of Credit issued by the such Issuer, together with notice of the date (the "Disbursement Date") such payment shall be made (each such payment, a "Disbursement"). Subject to the terms and provisions of such Letter of Credit and this Agreement, the applicable Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 p.m. (noon) 11:00 a.m. on the first Business Day following the Disbursement Date, the Borrowers Company will reimburse the Administrative Agent, for the account of the applicable Issuer, for all amounts which the such Issuer has disbursed under such Letter of Credit, together with interest thereon at a rate per annum equal to the rate per annum then in effect for Base Rate Loans (with the then Applicable Margin for U.S. Revolving Loans accruing on such amount) pursuant to Section 3.2 for the period from the Disbursement Date through the date of such reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Applicationseparate application for any Letter of Credit, theeach Borrower the Company hereby acknowledges and agrees that it shall be obligated to reimburse the applicable Issuer upon each Disbursement of a Letter of Credit, and it shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, hereunder (whether issued for the account party on such Letter of thea Borrower Credit is the Company or any Obligora Subsidiary Guarantor).

Appears in 1 contract

Samples: Credit Agreement (Railamerica Inc /De)

Disbursements. The An Issuer will notify the Borrower Representative and the Administrative Agent promptly of the presentment for payment of any Letter of Credit issued by the such Issuer, together with notice of the date (the “Disbursement Date”) such payment shall be made (each such payment, a “Disbursement”). Subject to the terms and provisions of such Letter of Credit and this Agreement, the applicable Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 p.m. (noon) 11:00 a.m. on the first Business Day following the Disbursement Date, the Borrowers Borrower will reimburse the Administrative Agent, for the account of the applicable Issuer, for all amounts which the such Issuer has disbursed under such Letter of Credit, together with interest thereon at a rate per annum equal to the rate per annum then in effect for Base Rate Loans (with the then Applicable Margin for Revolving Loans accruing on such amount) pursuant to Section 3.2 for the period from the Disbursement Date through the date of such reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Applicationseparate application for any Letter of Credit, theeach the Borrower hereby acknowledges and agrees that it shall be obligated to reimburse the applicable Issuer upon each Disbursement of a Letter of Credit, and it shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, hereunder (whether issued for the account party on such Letter of thea Credit is the Borrower or any Obligora Subsidiary Guarantor).

Appears in 1 contract

Samples: Credit Agreement (United Surgical Partners International Inc)

Disbursements. The Issuer will notify the Borrower Representative and the Administrative Agent promptly of the presentment for payment of any Letter of Credit issued by the Issuer, together with notice of the date (the "Disbursement Date") such payment shall be made (each such payment, a "Disbursement"). Subject to the terms and provisions of such Letter of Credit and this Agreement, the Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 p.m. (noon) 11:00 a.m. on the first Business Day following the Disbursement Date, the Borrowers Borrower will reimburse the Administrative Agent, for the account of the Issuer, for all amounts which the Issuer has disbursed under such Letter of Credit, together with interest thereon (not counting the date of reimbursement made in accordance with Section 4.7) at a rate per annum equal to the rate per annum then in effect for Base Rate Term Loans (with the then Applicable Margin for Revolving Term Loans accruing on such amount) pursuant to Section 3.2 for the period from the Disbursement Date through the date of such reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Applicationseparate application for any Letter of Credit, theeach the Borrower hereby acknowledges and agrees that it shall be obligated to reimburse the Issuer upon each Disbursement of a Letter of Credit, and it shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, hereunder (whether issued for the account party on such Letter of thea Credit is the Borrower or any Obligora Subsidiary Guarantor).

Appears in 1 contract

Samples: Credit Agreement (Marvel Enterprises Inc)

Disbursements. The Issuer will notify the Administrative Borrower Representative and the Administrative Agent promptly of the presentment for payment of any Letter of Credit issued by the Issuer, together with notice of the date (the "Disbursement Date") such payment shall be made (each such 35 Xxxx-Xxxxx Amended and Restated Credit Agreement payment, a "Disbursement"). Subject to the terms and provisions of such Letter of Credit and this Agreement, the Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 p.m. (noon) 11:00 a.m. on the first Business Day following the Disbursement Date, the Borrowers applicable Borrower will reimburse the Administrative Agent, for the account of the applicable Issuer, for all amounts which the Issuer has disbursed under such Letter of Credit, together with interest thereon at a rate per annum equal to the rate per annum then in effect for Base Rate Loans (with the then Applicable Margin for Revolving Loans accruing on such amount) pursuant to Section 3.2 for the period from the Disbursement Date through the date of such reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Applicationseparate application for any Letter of Credit, theeach each Borrower hereby acknowledges and agrees that it shall be obligated to reimburse the Issuer upon each Disbursement of a Letter of Credit, and it shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, hereunder (whether issued for the account party on such Letter of thea Credit is a Borrower or any Obligora Subsidiary Guarantor).

Appears in 1 contract

Samples: Credit Agreement (Winn Dixie Stores Inc)

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Disbursements. The An Issuer will notify the Borrower Representative and the Administrative Agent promptly of the presentment for payment of any Letter of Credit issued by the such Issuer, together with notice of the date (the “Disbursement Date”"DISBURSEMENT DATE") such payment shall be made (each such payment, a “Disbursement”"DISBURSEMENT"). Subject to the terms and provisions of such Letter of Credit and this Agreement, the applicable Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 p.m. (noon) 11:00 a.m. on the first Business Day following the Disbursement Date, the Borrowers Borrower will reimburse the Administrative Agent, for the account of the applicable Issuer, for all amounts which the such Issuer has disbursed under such Letter of Credit, together with interest thereon at a rate per annum equal to the rate per annum then in effect for Base Rate Loans (with the then Applicable Margin for Revolving Loans accruing on such amount) pursuant to Section SECTION 3.2 for the period from the Disbursement Date through the date of such reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Applicationseparate application for any Letter of Credit, theeach the Borrower hereby acknowledges and agrees that it shall be obligated to reimburse the applicable Issuer upon each Disbursement of a Letter of Credit, and it shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, hereunder (whether issued for the account party on such Letter of thea Credit is the Borrower or any Obligora Subsidiary Guarantor).

Appears in 1 contract

Samples: Credit Agreement (Commemorative Brands Inc)

Disbursements. The An Issuer will notify the Borrower Representative and the Administrative Agent promptly of the presentment for payment of any Letter of Credit issued by the such Issuer, together with notice of the date (the “Disbursement Date”"DISBURSEMENT DATE") such payment shall be made (each such payment, a “Disbursement”"DISBURSEMENT"). Subject to the terms and provisions of such Letter of Credit and this Agreement, the applicable Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 p.m. (noon) 1:00 p.m., New York time, on the first Business Day following the Disbursement Date, the Borrowers Borrower will reimburse the Administrative Agent, for the account of the applicable Issuer, for all amounts which the such Issuer has disbursed under such Letter of Credit, together with interest thereon at a rate per annum equal to the rate per annum then in effect for Base Rate Loans (with the then Applicable Margin for Revolving Loans accruing on such amount) pursuant to Section 3.2 SECTION 3.3 for the period from the Disbursement Date through the date of such reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Applicationseparate application for any Letter of Credit, theeach the Borrower hereby acknowledges and agrees that it shall be obligated to reimburse the applicable Issuer upon each Disbursement of a Letter of Credit, and it shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, hereunder (whether issued for the account party on such Letter of thea Credit is the Borrower or any Obligora Subsidiary).

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Titan Corp)

Disbursements. The Issuer will notify the Borrower Representative and the Agent promptly of the presentment for payment of any Letter of Credit issued by the Issuer, together with notice of the date (the “Disbursement Date”) such payment shall be made (each such payment, a “Disbursement”). Subject to the terms and provisions of such Letter of Credit and this Agreement, the Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 p.m. (noon) on the first Business Day following the Disbursement Date, the Borrowers Borrower will reimburse the Agent, for the account of the Issuer, for all amounts which the Issuer has disbursed under such Letter of Credit, together with interest thereon at a rate per annum equal to the rate per annum then in effect for Base Rate Loans (with the then Applicable Margin for Revolving Loans accruing on such amount) pursuant to Section 3.2 for the period from the Disbursement Date through the date of such reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Application, theeach the Borrower hereby acknowledges and agrees that it shall be obligated to reimburse the Issuer upon each Disbursement of a Letter of Credit, and it shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, whether issued for the account of thea the Borrower or any Obligor.

Appears in 1 contract

Samples: Credit Agreement (Parametric Sound Corp)

Disbursements. The An Issuer will notify the Borrower Representative and the Administrative Agent promptly of the presentment for payment of any Letter of Credit issued by the such Issuer, together with notice of the date (the "Disbursement Date") such payment shall be made (each such payment, a "Disbursement"). Subject to the terms and provisions of such Letter of Credit and this Agreement, the applicable Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 p.m. (noon) 1:00 p.m., New York time, on the first Business Day following the Disbursement Date, the Borrowers Borrower will reimburse the Administrative Agent, for the account of the applicable Issuer, for all amounts which the such Issuer has disbursed under such Letter of Credit, together with interest thereon at a rate per annum equal to the rate per annum then in effect for Base Rate Loans (with the then Applicable Margin for Revolving Loans accruing on such amount) pursuant to Section 3.2 3.3 for the period from the Disbursement Date through the date of such reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Applicationseparate application for any Letter of Credit, theeach the Borrower hereby acknowledges and agrees that it shall be obligated to reimburse the applicable Issuer upon each Disbursement of a Letter of Credit, and it shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, hereunder (whether issued for the account party on such Letter of thea Credit is the Borrower or any Obligora Subsidiary).

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Titan Corp)

Disbursements. The Issuer will notify the U.S. Borrower Representative and the Administrative Agent promptly of the presentment for payment of any Letter of Credit issued by the Issuer, together with notice of the date (the “Disbursement Date”) such payment shall be made (each such payment, a “Disbursement”). Subject to the terms and provisions of such Letter of Credit and this Agreement, the Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 p.m. (noon) 11:00 a.m. on the first Business Day following the Disbursement Date, the Borrowers will reimburse the Administrative Agent, for the account of the Issuer, for all amounts which the Issuer has disbursed under such Letter of Credit, together with interest thereon at a rate per annum equal to the rate per annum then in effect for Base Rate Loans (with the then Applicable Margin for Revolving Loans accruing on such amount) pursuant to Section 3.2 for the period from the Disbursement Date through the date of such reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Applicationseparate application for any Letter of Credit, theeach Borrower the Borrowers hereby acknowledges acknowledge and agrees agree that it they shall be obligated obligated, jointly and severally, to reimburse the Issuer upon each Disbursement of a Letter of Credit, and it shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, hereunder (whether issued for the account party on such Letter of thea Credit is any Borrower or any Obligora Subsidiary Guarantor).

Appears in 1 contract

Samples: Credit Agreement (Chesapeake Corp /Va/)

Disbursements. The Issuer will notify the Administrative Borrower Representative and the Administrative Agent promptly of the presentment for payment of any Letter of Credit issued by the Issuer, together with notice of the date (the "Disbursement Date") such payment shall be made (each such payment, a "Disbursement"). Subject to the terms and provisions of such Letter of Credit and this Agreement, the Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 p.m. (noon) 11:00 a.m. on the first Business Day following the Disbursement Date, the Borrowers applicable Borrower will reimburse the Administrative Agent, for the account of the applicable Issuer, for all amounts which the Issuer has disbursed under such Letter of Credit, Credit together with interest thereon at a rate per annum equal to the rate per annum then in effect for Base Rate Loans (with the then Applicable Margin for Revolving Loans accruing on such amount) pursuant to Section 3.2 for the period from the Disbursement Date through the date of such reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Applicationseparate application for any Letter of Credit, theeach each Borrower hereby acknowledges and agrees that it shall be obligated to reimburse the Issuer upon each Disbursement of a Letter of Credit, and it shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, hereunder (whether issued for the account party on such Letter of thea Credit is a Borrower or any Obligora Subsidiary Guarantor).

Appears in 1 contract

Samples: Credit Agreement (Winn Dixie Stores Inc)

Disbursements. The An Issuer will notify the Borrower Representative and the Administrative Agent promptly of the presentment for payment of any Letter of Credit issued by the such Issuer, together with notice of the date (the "Disbursement Date") such payment shall be made (each such payment, a "Disbursement"). Subject to the terms and provisions of such Letter of Credit and this AgreementCredit, the applicable Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 p.m. 11:00 a.m. (noonNew York City time) on the first Business Day following the Disbursement Date, the Borrowers Borrower will reimburse the Administrative Agent, for the account of the applicable Issuer, for all amounts which the such Issuer has disbursed under such Letter of Credit, together with interest thereon at a rate per annum equal to the rate per annum then in effect for Base Rate Loans (with the then Applicable Margin for Revolving Base Rate Loans accruing on such amount) pursuant to Section 3.2 for the period from the Disbursement Date through the date of such reimbursementreimbursement is due (and thereafter, at such rate plus 2.0%). Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Applicationseparate application for any Letter of Credit, theeach the Borrower hereby acknowledges and agrees that it shall be obligated to reimburse the applicable Issuer upon each Disbursement of a Letter of Credit, and it shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, whether issued for the account of thea Borrower or any Obligor.

Appears in 1 contract

Samples: Credit Agreement (Hecla Mining Co/De/)

Disbursements. The An Issuer will notify the Borrower Representative and the Administrative Agent promptly of the presentment for payment of any Letter of Credit issued by the such Issuer, together with notice of the date (the “Disbursement Date”"DISBURSEMENT DATE") such payment shall be made (each such payment, a “Disbursement”"DISBURSEMENT"). Subject to the terms and provisions of such Letter of Credit and this Agreement, the applicable Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 p.m. (noon) 1:00 p.m., New York time, on the first Business Day following the Disbursement Date, the Borrowers Borrower will reimburse the Administrative Agent, for the account of the applicable Issuer, for all amounts which the such Issuer has disbursed under such Letter of Credit, together with interest thereon at a rate per annum equal to the rate per annum then in effect for Base Rate Loans (with the then Applicable Margin for Revolving Loans accruing on such amount) pursuant to Section SECTION 3.2 for the period from the Disbursement Date through the date of such reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Applicationseparate application for any Letter of Credit, theeach the Borrower hereby acknowledges and agrees that it shall be obligated to reimburse the applicable Issuer upon each Disbursement of a Letter of Credit, and it shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, hereunder (whether issued for the account party on such Letter of thea Credit is the Borrower or any Obligora Subsidiary).

Appears in 1 contract

Samples: Credit Agreement (Titan Corp)

Disbursements. The Issuer will notify the applicable Borrower Representative and the Administrative Agent promptly of the presentment for payment of any Letter of Credit issued by the Issuer, together with notice of the date (the "Disbursement Date") such payment shall be made (each such payment, a "Disbursement"). Subject to the terms and provisions of such Letter of Credit and this Agreement, the Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 p.m. (noon) 11:00 a.m. on the first Business Day following the Disbursement Date, the Borrowers applicable Borrower will reimburse the Administrative Agent, for the account of the Issuer, for all amounts which the Issuer has disbursed under such Letter of Credit, together with interest thereon at a rate per annum equal to the rate per annum then in effect for Base Rate Loans (with the then Applicable Margin for Revolving Loans accruing on such amount) pursuant to Section 3.2 for the period from the Disbursement Date through the date of such reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Applicationseparate application for any Letter of Credit, theeach each Borrower hereby acknowledges and agrees that it shall be obligated to reimburse the Issuer upon each Disbursement of a Letter of Credit, and it shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, hereunder (whether issued for the account party on such Letter of thea Credit is the applicable Borrower or any Obligora Subsidiary Guarantor).

Appears in 1 contract

Samples: Credit Agreement (United Surgical Partners International Inc)

Disbursements. The Issuer will notify the Borrower Representative and the Administrative Agent promptly of the presentment for payment of any Letter of Credit issued by the Issuer, together with notice of the date (the "Disbursement Date") such payment shall be made (each such payment, a "Disbursement"). Subject to the terms and provisions of such Letter of Credit and this Agreement, the Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 p.m. (noon) 11:00 a.m., Atlanta, Georgia time, on the first fourth Business Day following the Disbursement Date, the Borrowers Borrower will reimburse the Administrative Agent, for the account of the Issuer, for all amounts which the Issuer has disbursed under such Letter of Credit, together with interest thereon at a rate per annum equal to the rate per annum then in effect for Base Rate Loans (with the then Applicable Margin for Revolving Loans accruing on such amount) pursuant to Section 3.2 for the period from the Disbursement Date through the date of such reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Applicationseparate application for any Letter of Credit, theeach the Borrower hereby acknowledges and agrees that it shall be obligated to reimburse the Issuer upon on the terms set forth herein for each Disbursement of a Letter of Credit, and it shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, whether issued for the account of thea Borrower or any Obligor.

Appears in 1 contract

Samples: Credit Agreement (Medaphis Corp)

Disbursements. The Issuer will notify the Administrative Borrower Representative and the Agent promptly of the presentment for payment of any Letter of Credit issued by the Issuer, together with notice of the date (the “Disbursement Date”) such payment shall be made (each such payment, a “Disbursement”). Subject to the terms and provisions of such Letter of Credit and this Agreement, the Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 p.m. 11:00 a.m. (noonNew York time) on the first Business Day following the Disbursement Date, the Borrowers applicable Borrower will reimburse the Agent, for the account of the applicable Issuer, for all amounts which the Issuer has disbursed under such Letter of Credit, Credit together with interest thereon at a rate per annum equal to the rate per annum then in effect for Base Rate Loans (with the then Applicable Margin for Revolving Loans accruing on such amount) pursuant to Section 3.2 for the period from the Disbursement Date through the date of such reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Applicationseparate application for any Letter of Credit, theeach each Borrower hereby acknowledges and agrees that it shall be obligated to reimburse the Issuer upon each Disbursement of a Letter of Credit, and it shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, hereunder (whether issued for the account party on such Letter of thea Credit is a Borrower or any Obligora Subsidiary Guarantor).

Appears in 1 contract

Samples: Credit Agreement (Winn Dixie Stores Inc)

Disbursements. The An Issuer will notify the applicable Borrower Representative and the Administrative Agent promptly of the presentment for payment of any drawing under a Letter of Credit issued by the such Issuer, together with notice of the date (the “Disbursement Date”) such payment shall be made (each such payment, a “Disbursement”). Subject to the terms and provisions of such Letter of Credit and this AgreementCredit, the applicable Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 p.m. (noon) 11:00 a.m. on the first Business Day following the Disbursement Date, the Borrowers applicable Borrower will reimburse the Administrative Agent, for the account of the applicable Issuer, for all amounts which the such Issuer has disbursed under such Letter of Credit, such payments to be made in Dollars (and in the amount which is the Dollar Equivalent of any such payment or disbursement made or denominated in an Alternate Currency) together with interest thereon at a rate per annum equal to the rate per annum then in effect for Base Rate Loans (with the then Applicable Margin for Revolving Loans accruing on such amount) pursuant to Section 3.2 for the period from the Disbursement Date through the date of such reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Applicationseparate application for any Letter of Credit, theeach each Borrower hereby acknowledges and agrees that it shall be obligated to reimburse the applicable Issuer upon each Disbursement of a Letter of Credit, and it shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, hereunder (whether issued for the account party on such Letter of thea Credit is a Borrower or any Obligora Subsidiary).

Appears in 1 contract

Samples: Credit Agreement (Ferro Corp)

Disbursements. The An Issuer will notify the Borrower Representative ACT and the Canadian Administrative Agent promptly of the presentment for payment of any Letter of Credit issued by the such Issuer, together with notice of the date (the “Disbursement Date”) such payment shall be made (each such payment, a “Disbursement”). Subject to the terms and provisions of such Letter of Credit and this Agreement, the applicable Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 p.m. (noon) 11:00 a.m., Montréal time, on the first third Business Day following the Disbursement Date, the Borrowers agree that they will reimburse the Canadian Administrative Agent, for the account of the applicable Issuer, for all amounts which the such Issuer has disbursed under such Letter of Credit, together with interest thereon at a rate per annum equal to the rate per annum then in effect for Base Floating Rate Loans (with the then Applicable Margin for applicable Revolving Loans accruing on such amount) pursuant to Section 3.2 for the period from the Disbursement Date through the date of such reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Applicationseparate application for any Letter of Credit, theeach each Borrower hereby acknowledges and agrees that it shall be obligated to reimburse the applicable Issuer upon each Disbursement of a Letter of Credit, and it shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, hereunder (whether issued for the account party on such Letter of thea Credit is a Borrower or any another Obligor).

Appears in 1 contract

Samples: Credit Agreement (3055854 Nova Scotia Co)

Disbursements. The An Issuer will notify the Borrower Representative and the Administrative Agent promptly of the presentment for payment of any Letter of Credit issued by the such Issuer, together with notice of the date (the "Disbursement Date") such payment shall be made (each such payment, a "Disbursement"). Subject to the terms and provisions of such Letter of Credit and this Agreement, the applicable Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 1:00 p.m. (noon) on the first Business Day following the Disbursement Date, the Borrowers Borrower will reimburse the Administrative Agent, for the account of the applicable Issuer, for all amounts which the such Issuer has disbursed under such Letter of Credit, together with interest thereon at a rate per annum equal to the rate per annum then in effect for Base Rate Loans (with the then Applicable Margin for Revolving Loans accruing on such amount) pursuant to Section 3.2 for the period from the Disbursement Date through the date of such reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Applicationseparate application for any Letter of Credit, theeach the Borrower hereby acknowledges and agrees that it shall be obligated to reimburse the applicable Issuer upon each Disbursement of a Letter of Credit, and it shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, hereunder (whether issued for the account party on such Letter of thea Credit is the Borrower or any Obligora Subsidiary Guarantor).

Appears in 1 contract

Samples: Credit Agreement (CTC Communications Group Inc)

Disbursements. The An Issuer will notify the Borrower Representative and the Administrative Agent promptly of the presentment for payment of any Letter of Credit issued by the such Issuer, together with notice of the date (the “Disbursement Date”) such payment shall be made (each such payment, a “Disbursement”). Subject to the terms and provisions of such Letter of Credit and this Agreement, the applicable Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 p.m. (noon) noon on the first Business Day following the Disbursement Date, the Borrowers Borrower will (a) deliver a Borrowing Notice to the Administrative Agent in order to refinance such Reimbursement Obligation with a Revolving Loan accruing at the Base Rate or (b) reimburse the Agent, for the account of the applicable Issuer, for all amounts which the such Issuer has disbursed under such Letter of Credit, together with interest thereon at a rate per annum equal to the rate per annum then in effect for Base Rate Loans (with the then Applicable Margin for Revolving Loans accruing on such amount) pursuant to Section 3.2 for the period from the Disbursement Date through the date of such reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Applicationseparate application for any Letter of Credit, theeach the Borrower hereby acknowledges and agrees that it shall be obligated to reimburse the applicable Issuer upon each Disbursement of a Letter of Credit, and it shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, hereunder (whether issued for the account party on such Letter of thea Credit is the Borrower or any Obligora Subsidiary Guarantor).

Appears in 1 contract

Samples: Credit Agreement (Reddy Ice Holdings Inc)

Disbursements. The applicable Issuer will notify the Borrower Representative and the Administrative Agent promptly of the presentment for payment of any Letter of Credit issued by the such Issuer, together with notice of the date (the "Disbursement Date") such payment shall be made (each such payment, a "Disbursement"). Subject to the terms and provisions of such Letter of Credit and this Agreement, the applicable Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 1:00 p.m. (noon) on the first Business Day following the Disbursement Date, the Borrowers Borrower will reimburse the Administrative Agent, for the account of the applicable Issuer, for all amounts which the such Issuer has disbursed under such Letter of Credit, together with interest thereon at a rate per annum equal to the rate per annum then in effect for Base Rate Loans (with the then Applicable Margin for Revolving Loans accruing on such amount) pursuant to Section 3.2 for the period from the Disbursement Date through the date of such reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Applicationseparate application for any Letter of Credit, theeach the Borrower hereby acknowledges and agrees that it shall be obligated to reimburse the applicable Issuer upon each Disbursement of a Letter of Credit, and it shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, hereunder (whether issued for the account party on such Letter of thea Credit is the Borrower or any Obligora Subsidiary Guarantor (other than UAS)).

Appears in 1 contract

Samples: Credit Agreement (North Shore Agency Inc)

Disbursements. The Each Issuer will notify the Borrower Representative SIHL and the Administrative Agent promptly of the presentment for payment of any Letter of Credit issued by the such Issuer, together with notice of the date (the “Disbursement Date”"DISBURSEMENT DATE") such payment shall be made (each such payment, a “Disbursement”"DISBURSEMENT"). Subject to the terms and provisions of such Letter of Credit and this Agreement, the applicable Issuer shall make such payment to the beneficiary (or its designee) of such Letter of Credit. Prior to 12:00 p.m. (noon) 11:00 a.m., New York City time, on the first Business Day following the Disbursement Date, the Borrowers will (or any one of them) reimburse the Administrative Agent, for the account of the applicable Issuer, for all amounts which the such Issuer has disbursed under such Letter of Credit, together with interest thereon at a rate per annum equal to the rate per annum then in effect for Base Rate Loans (with the then Applicable Base Rate Margin for Revolving Loans accruing on such amount) pursuant to Section 3.2 for the period from the Disbursement Date through the date of such reimbursement. Without limiting in any way the foregoing and notwithstanding anything to the contrary contained herein or in any Applicationseparate application for any Letter of Credit, theeach each Borrower hereby acknowledges and agrees that it shall be jointly and severally obligated to reimburse the applicable Issuer upon each Disbursement of a Letter of CreditCredit (including Letters of Credit issued for the account of the other Borrowers or a Guarantor), and it each Borrower shall be deemed to be the obligor for purposes of each such Letter of Credit issued hereunder, hereunder (whether issued for the account party on such Letter of thea Credit is such Borrower or any Obligora Guarantor).

Appears in 1 contract

Samples: Revolving Credit Agreement (Sun International Hotels LTD)

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