Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. on the Business Day immediately following the Business Day on which the Borrower shall have received notice of any Honor Date (or, if the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) (each such date, a “Borrower Honor Date”), the Borrower shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Date. If the Borrower fails to so reimburse such L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b). Any notice given by an L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 10 contracts
Samples: Credit Agreement (Nexstar Media Group, Inc.), Credit Agreement (Nexstar Media Group, Inc.), Credit Agreement (Nexstar Media Group, Inc.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. 2:00 p.m. (New York City time) on the Business Day immediately following the Business Day on which any payment by an L/C Issuer under a Letter of Credit with notice to the Borrower shall have received notice of any Honor Date (or, if the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) (each such date, a an “Borrower Honor Date”), the Borrower shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by in Dollars. The L/C Issuer shall notify the Borrower on of the Borrower Honor Dateamount of the drawing promptly following the determination or revaluation thereof. If the Borrower fails to so reimburse such L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Appropriate Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage Pro Rata Share thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, Loans but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, Lenders and subject to the conditions set forth in Section 4.02(b4.01 (other than the delivery of a Committed Loan Notice). Any notice given by an L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 8 contracts
Samples: Credit Agreement (SeaWorld Entertainment, Inc.), Credit Agreement (SeaWorld Entertainment, Inc.), Credit Agreement (SeaWorld Entertainment, Inc.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Parent Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. on On the Business Day immediately following the Business Day on which the Parent Borrower shall have received notice of any Honor Date payment by an L/C Issuer under a Letter of Credit (or, if the Parent Borrower shall have received such notice later than 10:00 a.m. 1:00 p.m. on any Business Day, on the second succeeding Business Day) (each such datedate of payment, a an “Borrower Honor Date”), the Borrower Borrowers shall reimburse such L/C Issuer through the Administrative Agent in Dollars in an amount equal to the amount Dollar Equivalent of such drawing on such Honor Date plus interest accruing at using the Base Exchange Rate from the Honor Date in relation to the date of reimbursement by the Borrower Dollars in effect on the Borrower Honor Date. If the Borrower fails Borrowers fail to so reimburse such L/C Issuer by on the Honor Date (or if any such timereimbursement payment is required to be refunded to the Borrowers for any reason), then (A) if such payment relates to an Alternative Currency Letter of Credit, automatically and with no further action required, the Borrowers’ or such other Person’s obligation to reimburse the applicable L/C Borrowing shall be permanently converted into an obligation to reimburse in Dollars the Dollar Equivalent, calculated using the Exchange Rate on the Honor Date, of such L/C Borrowing and (B) in the case of each L/C Borrowing, the Administrative Agent shall promptly notify the applicable L/C Issuer and each Revolving Credit Appropriate Lender of the Honor Date, the amount of the unreimbursed drawing in Dollars (in the case of an Alternative Currency Letter of Credit, using the Exchange Rate for the applicable Alternative Currency in relation to Dollars in effect on the date of determination) (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage thereof. In the event that the Borrowers do not reimburse the L/C Issuer on the Business Day following the date it receives notice of the Honor Date (or, if the Borrowers shall have received such eventnotice later than 1:00 p.m. on any Business Day, on the second succeeding Business Day), the Borrower Borrowers shall be deemed to have requested a Revolving Credit Borrowing denominated in Dollars of Base Rate Loans to be disbursed on the Borrower Honor Date such date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, Loans but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate LendersCommitments, and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Committed Loan Notice). Any notice given by an L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice. For the avoidance of doubt, if any drawing occurs under a Letter of Credit and such drawing is not reimbursed on the same day, such drawing shall, without duplication, accrue interest at the rate applicable to Base Rate Loans under the Revolving Credit Facility until the date of reimbursement.
Appears in 8 contracts
Samples: Credit Agreement (Restaurant Brands International Inc.), Credit Agreement (Restaurant Brands International Limited Partnership), Credit Agreement (Restaurant Brands International Inc.)
Drawings and Reimbursements; Funding of Participations. (ia) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer Issuing Lender shall notify promptly the Borrower and the Administrative Agent thereof. Not The Borrower shall reimburse the Issuing Lender, through the Administrative Agent, for the amount of any drawing under a Letter of Credit not later than 1:00 P.M., New York City time, on the date that such drawing is made (if the Borrower has received notice from the Issuing Lender of such drawing prior to 10:00 a.m. A.M., New York City time, on such date) or, if the Borrower has not received notice of such drawing prior to such time on such date, then not later than 1:00 P.M., New York City time, on (i) the Business Day that the Borrower receives such notice, if such notice is received prior to 10:00 A.M., New York City time, on the day of receipt, or (ii) the Business Day immediately following the Business Day on which day that the Borrower shall have received notice of any Honor Date (orreceives such notice, if the Borrower shall have received such notice later than is not received prior to 10:00 a.m. on any Business DayA.M., New York City time, on the second succeeding Business Day) (each such date, a “Borrower Honor Date”), the Borrower shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount day of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to receipt (the date of on which such reimbursement by the Borrower on is due pursuant to this sentence being referred to herein as the Borrower Honor “Requested Reimbursement Date”). If the Borrower fails to so reimburse such L/C Issuer the Issuing Lender by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Requested Reimbursement Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing borrowing of Base Rate Loans to be disbursed on the Borrower Honor Requested Reimbursement Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples multiples, and notice periods, specified in Section 2.02 2.2 for the principal amount of Base Rate Loans. Such Base Rate Loans may from time to time be converted to Eurodollar Loans, but subject as determined by the Borrower and notified to the amount of Administrative Agent in accordance with Section 2.9, provided that no Revolving Credit Loan shall be made as a Eurodollar Loan after the unutilized portion of day that is one month prior to the Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b)Termination Date. Any notice given by an L/C Issuer the Issuing Lender or the Administrative Agent pursuant to this Section 2.03(c)(i3.3(a) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 7 contracts
Samples: Credit Agreement (OneBeacon Insurance Group, Ltd.), Assignment and Assumption (Symetra Financial CORP), Credit Agreement (White Mountains Insurance Group LTD)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a compliant drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. on On the Business Day immediately following the Business Day on which the Borrower shall have received notice of any Honor Date payment by an L/C Issuer under a Letter of Credit (or, if the Borrower shall have received such notice later than 10:00 a.m. 1:00 p.m. Local Time on any Business Day, on the second succeeding Business Day) (each such datedate of payment, a an “Borrower Honor Date”), the Borrower shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on (which reimbursement, in the case of a Letter of Credit denominated in an Alternative Currency, shall be in such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor DateAlternative Currency). If the Borrower fails to so reimburse such L/C Issuer by on the Honor Date (or if any such timereimbursement payment is required to be refunded to the Borrower for any reason), then the Administrative Agent shall promptly notify the applicable L/C Issuer and each Revolving Credit Appropriate Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage thereof. In the event that the Borrower does not reimburse the L/C Issuer on the Business Day following the date it receives notice of the Honor Date (or, if the Borrower shall have received such eventnotice later than 1:00 p.m. Local Time on any Business Day, on the second succeeding Business Day), the Borrower shall be deemed to have requested requested, for the account of the Borrower, a Revolving Credit Borrowing of Base Rate Loans (in the case of any Unreimbursed Amount in respect of a Letter of Credit denominated in Dollars) or Eurocurrency Rate Loans with a period of one month (in the case of any Unreimbursed Amount in respect of a Letter of Credit denominated in an Alternative Currency which Eurocurrency Rate Loans shall be in the same Alternative Currency in which the relevant Letter of Credit is denominated) to be disbursed on the Borrower Honor Date such date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans or Eurocurrency Rate Loans, as applicable, nor the conditions set forth in Section 4.02, but subject to the amount of the unutilized portion of the relevant Revolving Credit Commitments in respect of the Appropriate LendersRevolving Credit Facility. For the avoidance of doubt, if any drawing occurs under a Letter of Credit and subject such drawing is not reimbursed on the same day as the day on which it is paid, such drawing shall, without duplication, accrue interest at the rate applicable to Base Rate Loans or Eurocurrency Rate Loans, as applicable, under the conditions set forth in Section 4.02(b). Any notice given by an L/C Issuer or Revolving Credit Facility until the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly confirmed in writing; provided that the lack date of such an immediate confirmation shall not affect the conclusiveness or binding effect of such noticereimbursement.
Appears in 7 contracts
Samples: Credit Agreement (Travel & Leisure Co.), Credit Agreement (Wyndham Destinations, Inc.), Credit Agreement (Clear Channel Outdoor Holdings, Inc.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. 2:00 p.m. on the Business Day immediately following the Business Day on which any payment by an L/C Issuer under a Letter of Credit with notice to the Borrower shall have received notice of any Honor Date (or, if the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) (each such date, a an “Borrower Honor Date”), the Borrower shall reimburse such L/C Issuer through the Administrative Agent (or directly to such L/C Issuer with a written notice to the Administrative Agent) in an amount equal to the amount of such drawing on in (x) with respect to any Letter of Credit issued in Dollars, in Dollars or (y) with respect to any Letter of Credit issued in an Alternative Currency, in such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement Alternative Currency (or if requested by the Borrower on applicable L/C Issuer, the Borrower Honor DateDollar Equivalent thereof in Dollars). If the Borrower fails to so reimburse such L/C Issuer by such time, the L/C Issuer shall notify the Administrative Agent and the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Revolving Credit Lender’s Applicable Revolving Credit Percentage Pro Rata Share thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, Loans but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, Revolving Credit Lenders and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Committed Loan Notice). Any notice given by an L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided provided, that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 6 contracts
Samples: Credit Agreement (Entercom Communications Corp), Credit Agreement (CBS Corp), Credit Agreement (CBS Radio Inc.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. on the Business Day immediately following the Business Day on which the Borrower shall have received notice of any Honor Date (or12:00 noon, if the Borrower shall have received such notice later than 10:00 a.m. on any Business DayNew York City time, on the second succeeding Business Day) Day following any payment by an L/C Issuer under a Letter of Credit with notice to the Borrower (each such date, a an “Borrower Honor Date”), the Borrower shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing in Dollars provided that if such reimbursement is not made on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by drawing, the Borrower shall pay interest to the relevant L/C Issuer on such amount at the rate applicable to ABR Loans under the applicable Participating Revolving Credit Commitments (without duplication of interest payable on L/C Borrowings). The L/C Issuer shall notify the Borrower Honor Dateof the amount of the drawing promptly following the determination or revaluation thereof. If the Borrower fails to so reimburse such L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Appropriate Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage Pro Rata Share or other applicable share provided for under this Agreement thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate ABR Loans under the Participating Revolving Credit Commitments to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate ABR Loans or Eurodollar Loans, as the case may be, but subject to the amount of the unutilized portion of the Participating Revolving Credit Commitments of the Appropriate Lenders, Lenders and subject to the conditions set forth in Section 4.02(b4.03 (other than the delivery of a Borrowing Request). Any notice given by an L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i2.26(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 5 contracts
Samples: Credit Agreement (Altice USA, Inc.), Credit Agreement (Altice USA, Inc.), Credit Agreement (Altice USA, Inc.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. on On the Business Day immediately following the Business Day on which the Borrower shall have received notice of any Honor Date payment by an L/C Issuer under a Letter of Credit (or, if the Borrower shall have received such notice later than 10:00 a.m. 1:00 p.m. on any Business Day, on the second succeeding Business Day) (each such datedate of payment, a an “Borrower Honor Date”), the Borrower shall reimburse such L/C Issuer through the Administrative Agent in Dollars in an amount equal to the amount Dollar Equivalent of such drawing on such Honor Date plus interest accruing at using the Base Exchange Rate from the Honor Date in relation to the date of reimbursement by the Borrower Dollars in effect on the Borrower Honor Date. If the Borrower fails to so reimburse such L/C Issuer by on the Honor Date (or if any such timereimbursement payment is required to be refunded to the Borrower for any reason), then, in the case of each L/C Borrowing, the Administrative Agent shall promptly notify the applicable L/C Issuer and each Revolving Credit Appropriate Lender of the Honor Date, the amount of the unreimbursed drawing in Dollars (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage thereof. In the event that the Borrower does not reimburse the L/C Issuer on the Business Day following the date it receives notice of the Honor Date (or, if the Borrower shall have received such eventnotice later than 1:00 p.m. on any Business Day, on the second succeeding Business Day), the Borrower shall be deemed to have requested a Revolving Credit Borrowing denominated in Dollars of Base Rate Loans to be disbursed on the Borrower Honor Date such date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, Loans but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate LendersCommitments, and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Committed Loan Notice). Any notice given by an L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice. For the avoidance of doubt, if any drawing occurs under a Letter of Credit and such drawing is not reimbursed on the same day, such drawing shall, without duplication, accrue interest at the rate applicable to Base Rate Loans under the Revolving Credit Facility until the date of reimbursement.
Appears in 5 contracts
Samples: Credit Agreement (Frontier Communications Corp), Credit Agreement (Array Technologies, Inc.), Credit Agreement (Frontier Communications Corp)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not The Borrower shall reimburse the L/C Issuer through the Administrative Agent by paying an amount equal to the amount of any drawing under a Letter of Credit not later than (i) if the Borrower shall have received notice of such drawing prior to 10:00 a.m. on any Business Day, then 2:00 p.m. on such Business Day or (ii) otherwise, 11:00 a.m. on the Business Day immediately following the Business Day on which day that the Borrower shall have received notice of any Honor Date (or, if the Borrower shall have received receives such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) (each such datedate for reimbursement, a “Borrower Honor Reimbursement Date”), the Borrower shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Date. If the Borrower fails to so reimburse such the L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Reimbursement Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Revolving Lender’s Applicable Revolving Credit Percentage Pro Rata Share thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Committed Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Reimbursement Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Aggregate Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Loan Notice). Any notice given by an the L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 5 contracts
Samples: Credit Agreement (Equitrans Midstream Corp), Credit Agreement (EQM Midstream Partners, LP), Credit Agreement (EQT Midstream Partners, LP)
Drawings and Reimbursements; Funding of Participations. (ia) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer Issuing Bank shall promptly notify promptly the Borrower and the Administrative Agent thereofthereof (including the date on which such payment is to be made). Not later than 10:00 a.m. 12:00 p.m. on the first Business Day immediately following the Business Day on which any payment by an Issuing Bank under a Letter of Credit with notice to the Borrower shall have received notice of any Honor Date (or, if the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) (each such date, a an “Borrower Honor Date”), the Borrower shall reimburse reimburse, or cause to be reimbursed, such L/C Issuer Issuing Bank, in each case, through the Administrative Agent in an amount equal to the amount of such drawing drawing; provided that, if such reimbursement is not made on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by drawing, the Borrower shall pay interest to the relevant Issuing Bank on such amount at the rate applicable to Base Rate Loans (without duplication of interest payable on L/C Borrowings). The relevant Issuing Bank shall notify the Borrower Honor Dateof the amount of the drawing promptly following the determination thereof. If the Borrower fails to so reimburse reimburse, or cause to be reimbursed, such L/C Issuer Issuing Bank by such time, the Administrative Agent shall promptly notify each Revolving Credit Appropriate Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage thereof. In such event, in the case of an Unreimbursed Amount under a Letter of Credit, the Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, Loans but subject to the requirements for the amount of the unutilized portion of the Revolving Credit Commitments under the applicable Revolving Facility of the Appropriate Lenders, Lenders and subject to the conditions set forth in Section 4.02(b4.03 (other than the delivery of a Committed Loan Notice). Any notice given by an L/C Issuer Issuing Bank or the Administrative Agent pursuant to this Section 2.03(c)(i2.03(3)(a) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 5 contracts
Samples: Credit Agreement (Superior Industries International Inc), Credit Agreement (Superior Industries International Inc), Credit Agreement (Superior Industries International Inc)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a compliant drawing under such Letter of Credit, the relevant L/C Issuer shall promptly notify promptly the Borrower and the Revolving Administrative Agent thereofthereof (including the date on which such payment is to be made). Not later than 10:00 a.m. 12:00 noon, New York City time, on the first Business Day immediately following the Business Day on which any payment by an L/C Issuer under a Letter of Credit with notice to the Borrower shall have received notice of any Honor Date (or, if the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) (each such date, a an “Borrower Honor Date”), the Borrower shall reimburse reimburse, or cause to be reimbursed, such L/C Issuer Issuer, in each case, through the Revolving Administrative Agent in an amount equal to the amount Dollar Equivalent of such drawing drawing; provided that, if such reimbursement is not made on the date of payment by the L/C Issuer, the Borrower shall pay interest to the relevant L/C Issuer on such Honor Date plus interest accruing amount at the rate applicable to Revolving Loans under the Base Rate from the Honor Date to the date Option (without duplication of reimbursement by interest payable on L/C Borrowings). The relevant L/C Issuer shall notify the Borrower on of the Borrower Honor DateDollar Equivalent of the drawing promptly following the determination thereof. If the Borrower fails to so reimburse reimburse, or cause to be reimbursed, such L/C Issuer by such time, the Revolving Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount Dollar Equivalent of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Revolving Lender’s Applicable Revolving Credit Percentage thereof. In such event, in the case of an Unreimbursed Amount under a Letter of Credit, the Borrower shall be deemed to have requested a Revolving Credit Borrowing of under the Base Rate Loans Option to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Revolving Loans under the Base Rate Loans, Option but subject to the requirements for the amount of the unutilized portion of the Revolving Credit Commitments under the applicable Revolving Facility of the Appropriate Lenders, Revolving Lenders and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Borrowing Request). Any notice given by an L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 5 contracts
Samples: Credit Agreement (Koppers Holdings Inc.), Credit Agreement (Koppers Holdings Inc.), Credit Agreement (Koppers Holdings Inc.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Non-rollup Letter of Credit of any notice of a drawing under such Non-rollup Letter of Credit, the relevant L/C Issuer applicable Issuing Bank shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 11:00 a.m. on the Business Day immediately following the Business Day on which date of any payment by the applicable Issuing Bank under a Non-rollup Letter of Credit, so long as the Borrower shall have has received notice of any Honor Date (or, if the Borrower shall have received such notice later than drawing by 10:00 a.m. on any such following Business Day, on the second succeeding Business Day) Day (each such date, a an “Borrower Non-rollup Honor Date”), the Borrower shall reimburse such L/C Issuer Issuing Bank through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus (together with interest accruing thereon at the rate set forth in Section 2.07 for Non-rollup Revolving Credit Advances bearing interest at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor DateRate). If the Borrower fails to so reimburse such L/C Issuer the applicable Issuing Bank by such time, the Administrative Agent shall promptly notify each Non-rollup Revolving Credit Lender of the Non-rollup Honor Date, the amount of the unreimbursed drawing (the “Non-rollup Unreimbursed Amount”), and the amount of such Appropriate Non-rollup Revolving Credit Lender’s Applicable Revolving Credit Percentage Pro Rata Share thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Non-rollup Honor Date in an amount equal to the Non-rollup Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate LoansBorrowings, but subject to the amount of the unutilized portion of the Unused Non-rollup Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b3.02 (other than the delivery of a Notice of Borrowing). Any notice given by an L/C Issuer Issuing Bank or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 4 contracts
Samples: Credit Agreement, Possession Credit Agreement (Chemtura CORP), Possession Credit Agreement (Chemtura CORP)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. on the Business Day immediately following the Business Day on which the Borrower shall have received notice of any Honor Date (or, if the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) (each such date, a “Borrower Honor Date”), the Borrower shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Date. If the Borrower fails to so reimburse such L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender under the applicable Revolving Credit Tranche of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Percentage under the applicable Revolving Credit Percentage Tranche thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b). Any notice given by an L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 4 contracts
Samples: Credit Agreement (Nexstar Media Group, Inc.), Credit Agreement (Nexstar Media Group, Inc.), Credit Agreement (Nexstar Media Group, Inc.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C LC Issuer shall notify promptly the Lead Borrower and the Administrative Agent thereof; provided, however, that any failure to give or delay in giving such notice shall not relieve the Borrowers of their obligation to reimburse the LC Issuer and the Revolving Lenders with respect to any such payment. Not later than 10:00 11:00 a.m. on the Business Day immediately following the Business Day on which the Borrower shall have received notice date of any Honor Date (or, if payment by the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) LC Issuer under a Letter of Credit (each such date, a an “Borrower Honor Date”), the Borrower Borrowers shall reimburse such L/C the LC Issuer through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Datedrawing. If the Borrower fails Borrowers fail to so reimburse such L/C the LC Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Revolving Lender’s Applicable Revolving Credit Percentage thereof. In such event, the Borrower Borrowers shall be deemed to have requested a Revolving Credit Committed Borrowing of Base Rate Loans under the Revolving Credit Facility to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Aggregate Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Committed Loan Notice). Any notice given by an L/C the LC Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided provided, that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 4 contracts
Samples: Credit Agreement (Barnes & Noble Education, Inc.), Credit Agreement (Barnes & Noble Education, Inc.), Credit Agreement (Barnes & Noble Education, Inc.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant applicable L/C Issuer shall notify promptly the Parent Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. Each L/C Issuer shall notify the Parent Borrower on the Business Day immediately following the Business Day on which the Borrower shall have received notice date of any Honor Date (or, if the Borrower shall have received payment by such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) L/C Issuer under a Letter of Credit (each such date, a an “Borrower Honor Date”), and the Borrower Borrowers shall reimburse such L/C Issuer through the Administrative Agent in an the Dollar Equivalent of such drawing no later than on the next succeeding Business Day (and any reimbursement made on such next Business Day shall be taken into account in computing interest and fees in respect of any such Letter of Credit) after the Parent Borrower shall have received notice of such payment with interest on the amount so paid or disbursed by such L/C Issuer, to the extent not reimbursed prior to 3:00 p.m. (New York City time) on the applicable Honor Date, from and including the date paid or disbursed to but excluding the date such L/C Issuer was reimbursed by the Borrowers therefor at a rate per annum equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate as in effect from time to time plus the Honor Date Applicable Rate as in effect from time to the date of reimbursement by the Borrower on the Borrower Honor Datetime for Revolving Credit Loans that are maintained as Base Rate Loans. If the Borrower fails Borrowers fail to so reimburse such L/C Issuer by on such timenext Business Day, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Revolving Credit Lender’s Applicable Revolving Credit Percentage Pro Rata Share thereof. In such event, in the Borrower case of an Unreimbursed Amount, the Borrowers shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans in Dollars to be disbursed on the Borrower Honor Date such date in an amount equal to the Dollar Equivalent of the Unreimbursed Amount, in accordance with the requirements of Section 2.02 but without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans or Eurocurrency Rate Loans, as the case may be, but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Committed Loan Notice). Any notice given by an L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i2.03(d)(i) may be given by telephone if promptly confirmed in writing; provided that the lack of such an immediate a prompt confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 4 contracts
Samples: Credit Agreement (Paya Holdings Inc.), Credit Agreement (Maravai Lifesciences Holdings, Inc.), Credit Agreement (Maravai Lifesciences Holdings, Inc.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. on the Business Day immediately following the Business Day on which the Borrower shall have received notice of any Honor Date (or, if the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) (each such date, a an “Borrower Honor Date”), the Borrower shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Date. If the Borrower fails to so reimburse such L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b). Any notice given by an L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 4 contracts
Samples: Credit Agreement (Mission Broadcasting Inc), Credit Agreement (Nexstar Broadcasting Group Inc), Credit Agreement (Nexstar Broadcasting Group Inc)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower Parent and the Administrative Agent thereof. Not later than 10:00 a.m. 2:00 p.m. on the Business Day immediately following the Business Day on which the Borrower shall have received any payment by an L/C Issuer under a Letter of Credit with notice of any Honor Date (or, if the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) to Parent (each such date, a an “Borrower Honor Date”), the Borrower Borrowers shall reimburse reimburse, on a joint and several basis, such L/C Issuer through the Administrative Agent (or directly to such L/C Issuer with a written notice to the Administrative Agent) in an amount equal to the amount of such drawing on in (x) with respect to any Letter of Credit issued in Dollars, in Dollars or (y) with respect to any Letter of Credit issued in an Alternative Currency, in such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement Alternative Currency (or if requested by the Borrower on applicable L/C Issuer, the Borrower Honor DateDollar Equivalent thereof in Dollars). If the Borrower fails Borrowers fail to so reimburse such L/C Issuer by such time, the L/C Issuer shall notify the Administrative Agent and the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Revolving Credit Lender’s Applicable Revolving Credit Percentage Pro Rata Share thereof. In such event, the Borrower Parent shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, Loans but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, Revolving Credit Lenders and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Committed Loan Notice). Any notice given by an L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided provided, that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 3 contracts
Samples: Security Agreement (OUTFRONT Media Inc.), Credit Agreement (Outfront Media Minnesota LLC), Credit Agreement (CBS Outdoor Americas Inc.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 11:00 a.m. on the Business Day immediately following the Business Day on which the Borrower shall have received notice date of any Honor Date (or, if payment by the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) L/C Issuer under a Letter of Credit (each such date, a an “Borrower Honor Date”), the Borrower shall reimburse such the L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing (provided that if the L/C Issuer has not provided the Borrower with at least one Business Day’s notice of a drawing under a Letter of Credit, the Borrower’s reimbursement obligation to the L/C Issuer shall be postponed until the first Business Day following the date that the Borrower receives such notice so long as the Borrower pays interest on such Honor Date plus interest accruing the amount paid by the L/C Issuer at the Base Rate from plus the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor DateApplicable Rate for such day). If the Borrower fails to so reimburse such the L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Revolving Lender’s Applicable Revolving Credit Percentage thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Committed Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Committed Loan Notice). Any notice given by an the L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 3 contracts
Samples: Credit Agreement (Entravision Communications Corp), Credit Agreement (Entercom Communications Corp), Credit Agreement (Entercom Communications Corp)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant applicable L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 If such L/C Issuer notifies the Borrower of such payment prior to 11:00 a.m. (Charlotte, North Carolina time) on the Business Day immediately following the Business Day on which the Borrower shall have received notice date of any Honor Date (or, if the Borrower shall have received payment by such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) L/C Issuer under a Letter of Credit (each such date, a an “Borrower Honor Date”), the Borrower shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing; provided, that if such notice is not provided to the Borrower prior to 11:00 a.m. (Charlotte, North Carolina time) on the Honor Date, then the Borrower shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on the next succeeding Business Day and such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date extension of reimbursement by the Borrower on the Borrower Honor Datetime shall be reflected in computing fees in respect of any such Letter of Credit. If the Borrower fails to so reimburse such L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Revolving Credit Lender’s Applicable Revolving Credit Percentage Pro Rata Share thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Committed Loan Notice). Any notice given by an L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided provided, that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 3 contracts
Samples: Assignment and Assumption (Michael Foods Group, Inc.), Credit Agreement (Michael Foods Inc/New), Credit Agreement (Michael Foods Inc/New)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary payment by the L/C Issuer of any draw made against any Letter of Credit of any notice of a drawing under such Letter of Creditby the beneficiary thereof, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 1:00 p.m. on the later of (i) the date of any payment by the L/C Issuer under a Letter of Credit and (ii)(A) the date upon which the Borrower receives notice from the L/C Issuer of such payment by the L/C Issuer, if such notice is received by the Borrower prior to 10:00 a.m. on a Business Day or (B) the Business Day immediately following the Business Day on date upon which the Borrower shall have received notice of any Honor Date (orsuch notice, if the Borrower shall have received such notice later than is received on a day that is not a Business Day or after 10:00 a.m. on any a Business Day, on the second succeeding Business Day) Day (each such date, a an “Borrower Honor Date”), the Borrower shall reimburse such the L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Datedrawing. If the Borrower fails to so reimburse such the L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Revolving Credit Lender’s Applicable Revolving Credit Percentage thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Committed Loan Notice). Any notice given by an the L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 3 contracts
Samples: Credit Agreement (MSCI Inc.), Credit Agreement (MSCI Inc.), Credit Agreement (MSCI Inc.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. on the Business Day immediately following On the Business Day on which the Borrower shall have received notice of any Honor Date (payment by the L/C Issuer under a Letter of Credit or, if the Borrower shall have received such notice later than 10:00 a.m. 12:00 p.m. on any Business Day, on the second succeeding Business Day (such applicable Business Day) (each such date, a the “Borrower L/C Honor Date”), the Borrower shall (regardless of whether or not such Letter of Credit shall be for the sole account of the Borrower or for the joint account of the Borrower and any Subsidiary) reimburse such the L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Datein Dollars. If the Borrower fails to so reimburse such the L/C Issuer by on the L/C Honor Date (or if any such timereimbursement payment is required to be refunded to the Borrower for any reason), then (x) the Borrower shall be deemed to have requested a Borrowing of ABR Revolving Loans in the amount of such drawing, and (y) the Administrative Agent shall promptly notify each Revolving Credit Lender of the L/C Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Revolving Lender’s Applicable Revolving Credit Percentage thereof. In such event, the Borrower Such Revolving Loans shall be deemed to have requested a made by the Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, Lenders without regard to the minimum Borrowing Minimums and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b)Borrowing Multiples. Any notice given by an the L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i2.4(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice. For the avoidance of doubt, if any drawing occurs under a Letter of Credit and such drawing is not reimbursed on the same day, the Unreimbursed Amount of such drawing shall, without duplication, accrue interest for each day until the date of reimbursement at (x) prior to the third Business Day following the L/C Honor Date, the rate per annum applicable to the outstanding principal balance of ABR Revolving Loans pursuant to Section 3.1(a), and (y) thereafter, a rate per annum equal to the Default Rate applicable to the outstanding principal balance of ABR Revolving Loans.
Appears in 3 contracts
Samples: Credit Agreement (Harvard Bioscience Inc), Credit Agreement (Ooma Inc), Credit Agreement (Harvard Bioscience Inc)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. on On the Business Day immediately following the Business Day on which the Borrower shall have received notice of any Honor Date payment by an L/C Issuer under a Letter of Credit (or, if the Borrower shall have received such notice later than 10:00 a.m. 1:00 p.m. on any Business Day, on the second succeeding Business Day) (each such datedate of payment, a an “Borrower Honor Date”), the Borrower shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Datedrawing. If the Borrower fails to so reimburse such L/C Issuer by on the Honor Date (or if any such timereimbursement payment is required to be refunded to the Borrower for any reason), then the Administrative Agent shall promptly notify the applicable L/C Issuer and each Revolving Credit Appropriate Lender of the Honor Date, the amount of the unreimbursed drawing in Dollars (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage thereof. In the event that the Borrower does not reimburse the applicable L/C Issuer on the Business Day following the date it receives notice of the Honor Date (or, if the Borrower shall have received such eventnotice later than 1:00 p.m. on any Business Day, on the second succeeding Business Day), the Borrower shall be deemed to have requested a Revolving Credit Borrowing under the Revolving Credit Facility denominated in Dollars of Base Rate Loans to be disbursed on the Borrower Honor Date such date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, Loans but subject to the amount of the unutilized portion of the Revolving Credit Commitments in respect of the Appropriate LendersRevolving Credit Facility. For the avoidance of doubt, if any drawing occurs under a Letter of Credit and subject such drawing is not reimbursed on the same day, such drawing shall, without duplication, accrue interest at the rate applicable to Base Rate Loans under the conditions set forth in Section 4.02(b). Any notice given by an L/C Issuer or Revolving Credit Facility until the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly confirmed in writing; provided that the lack date of such an immediate confirmation shall not affect the conclusiveness or binding effect of such noticereimbursement.
Appears in 3 contracts
Samples: Credit Agreement (KORE Group Holdings, Inc.), Credit Agreement (KORE Group Holdings, Inc.), Credit Agreement (King Pubco, Inc.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. on the Business Day immediately following the Business Day on which the Borrower shall have received notice of any Honor Date (or, if the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) (each such date, a an “Borrower Honor Date”), the Borrower shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Date. If the Borrower fails to so reimburse such L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b). Any notice given by an L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 3 contracts
Samples: Credit Agreement (Nexstar Media Group, Inc.), Credit Agreement (Nexstar Media Group, Inc.), Credit Agreement (Nexstar Media Group, Inc.)
Drawings and Reimbursements; Funding of Participations. (ia) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer applicable Issuing Lender shall notify promptly the Borrower and the Administrative Agent thereof. Not The Borrower shall reimburse the applicable Issuing Lender, through the Administrative Agent, for the amount of any drawing under a Letter of Credit not later than 1:00 P.M. on the date that such drawing is made, if the Borrower has received notice from such Issuing Lender of such drawing prior to 10:00 a.m. A.M. on such date, or, if the Borrower has not received notice of such drawing prior to such time on such date, then not later than 1:00 P.M. on (i) the Business Day that the Borrower receives such notice, if such notice is received prior to 10:00 A.M. on the day of receipt, or (ii) the Business Day immediately following the Business Day day that the Borrower receives such notice, if such notice is not received prior to 10:00 A.M. on the day of such receipt (the date on which the Borrower shall have received notice of any Honor Date (or, if the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) (each such date, a “Borrower Honor Date”), the Borrower shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on is due pursuant to this sentence being referred to herein as the Borrower Honor “Requested Reimbursement Date”). If the Borrower fails to so reimburse such L/C Issuer Issuing Lender by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Requested Reimbursement Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing borrowing of Base Rate Loans to be disbursed on the Borrower Honor Requested Reimbursement Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples multiples, and notice periods, specified in Section 2.02 2.2 for the principal amount of Base Rate Loans. Such Base Rate Loans may from time to time be converted to Eurodollar Loans, but subject as determined by the Borrower and notified to the amount of Administrative Agent in accordance with Section 2.9, provided that no Revolving Credit Loan shall be made as a Eurodollar Loan after the unutilized portion of day that is one month prior to the Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b)Termination Date. Any notice given by an L/C Issuer any Issuing Lender or the Administrative Agent pursuant to this Section 2.03(c)(i3.3(a) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 3 contracts
Samples: Credit Agreement (White Mountains Insurance Group LTD), Credit Agreement (White Mountains Insurance Group LTD), Credit Agreement (White Mountains Insurance Group LTD)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Revolver Agent thereof. Not later than 10:00 a.m. on On the Business Day immediately following the Business Day on which the Borrower shall have received notice of any Honor Date payment by an L/C Issuer under a Letter of Credit (or, if the Borrower shall have received such notice later than 10:00 a.m. 1:00 p.m. on any Business Day, on the second succeeding Business Day) (each such datedate of payment, a an “Borrower Honor Date”), the Borrower shall reimburse such L/C Issuer through the Administrative Revolver Agent in Dollars in an amount equal to the amount Dollar Equivalent of such drawing on such Honor Date plus interest accruing at using the Base Exchange Rate from the Honor Date in relation to the date of reimbursement by the Borrower Dollars in effect on the Borrower Honor Date. If the Borrower fails to so reimburse such L/C Issuer by on the Honor Date (or if any such timereimbursement payment is required to be refunded to the Borrower for any reason), then, in the case of each L/C Borrowing, the Administrative Revolver Agent shall promptly notify the applicable L/C Issuer and each Revolving Credit Appropriate Lender of the Honor Date, the amount of the unreimbursed drawing in Dollars (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage thereof. In the event that the Borrower does not reimburse the L/C Issuer on the Business Day following the date it receives notice of the Honor Date (or, if the Borrower shall have received such eventnotice later than 1:00 p.m. on any Business Day, on the second succeeding Business Day), the Borrower shall be deemed to have requested a Revolving Credit Borrowing denominated in Dollars of Base Rate Loans to be disbursed on the Borrower Honor Date such date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, Loans but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate LendersCommitments, and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Committed Loan Notice). Any notice given by an L/C Issuer or the Administrative Revolver Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice. For the avoidance of doubt, if any drawing occurs under a Letter of Credit and such drawing is not reimbursed on the same day, such drawing shall, without duplication, accrue interest at the rate applicable to Base Rate Loans under the Revolving Credit Facility until the date of reimbursement.
Appears in 3 contracts
Samples: Credit Agreement (Frontier Communications Parent, Inc.), Credit Agreement (Frontier Communications Corp), Credit Agreement (Frontier Communications Parent, Inc.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. on the Business Day immediately following the Business Day on which the Borrower shall have received notice of any Honor Date (or, if the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) (each such date, a “an "Borrower Honor Date”"), the Borrower shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Date. If the Borrower fails to so reimburse such L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “"Unreimbursed Amount”"), and the amount of such Appropriate Lender’s 's Applicable Revolving Credit Percentage thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b). Any notice given by an L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 3 contracts
Samples: Credit Agreement (Nexstar Broadcasting Group Inc), Credit Agreement (Nexstar Broadcasting Group Inc), Credit Agreement (Nexstar Broadcasting Group Inc)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. 1:00 p.m. on the Business Day immediately following the Business Day on which the Borrower shall have received notice date of any Honor Date (or, if payment by the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) L/C Issuer under a Letter of Credit (each such date, a an “Borrower Honor Date”), the Borrower shall reimburse such the L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing provided, that the Borrower shall have been notified no later than 11:00 a.m. on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement any payment by the L/C Issuer and provided further that if the Borrower is notified later than 11:00 a.m. on the date of any payment by the L/C Issuer under a Letter of Credit, the Borrower Honor Dateshall reimburse the L/C Issuer through the Administrative Agent in an amount equal to such drawing no later than 11:00 a.m. the next day if such day is a Business Day and if such day is not a Business Day by 5:00 p.m. on the date of any payment by the L/C Issuer under such Letter of Credit. If the Borrower fails to so reimburse such the L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Committed Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Aggregate Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Committed Loan Notice). Any notice given by an the L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 3 contracts
Samples: Credit Agreement (Panera Bread Co), Credit Agreement (Panera Bread Co), Credit Agreement (Panera Bread Co)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower Parent and the Administrative Agent thereof. Not later than 10:00 a.m. 2:00 p.m. on the Business Day immediately following the Business Day on which the Borrower shall have received any payment by an L/C Issuer under a Letter of Credit with notice of any Honor Date (or, if the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) to Parent (each such date, a an “Borrower Honor Date”), the Borrower Borrowers shall reimburse reimburse, on a joint and several basis, such L/C Issuer through the Administrative Agent (or directly to such L/C Issuer with a written notice to the Administrative Agent) in an amount equal to the amount of such drawing on in (x) with respect to any Letter of Credit issued in Dollars, in Dollars or (y) with respect to any Letter of Credit issued in an Alternative Currency, in such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement Alternative Currency (or if requested by the Borrower on applicable L/C Issuer, the Borrower Honor DateDollar Equivalent thereof in Dollars). If the Borrower fails Borrowers fail to so reimburse such L/C Issuer by such time, the L/C Issuer shall notify the Administrative Agent and the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Revolving Credit Lender’s Applicable Revolving Credit Percentage Pro Rata Share thereof. In such event, the Borrower Parent shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, Loans but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, Revolving Credit Lenders and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Committed Loan Notice). Any notice given by an L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided provided, that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice. Each Revolving Credit Lender shall upon any notice pursuant to this Section 2.03(c)(i) make funds available in Dollars (which in the case of any Letters of Credit denominated in an Alternative Currency shall be based on the Dollar Equivalent of the Unreimbursed Amount thereof) (and the Administrative Agent may apply Cash Collateral provided for this purpose) for the account of the relevant L/C Issuer at the Administrative Agent’s Office for payments in an amount equal to its Pro Rata Share of the Unreimbursed Amount not later than 4:00 p.m. on the Business Day specified in such notice by the Administrative Agent, whereupon, subject to the provisions of Section 2.03(c)(iii), each Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Loan to the Borrowers in such amount. The Administrative Agent shall remit the funds so received to the relevant L/C Issuer.
Appears in 3 contracts
Samples: Credit Agreement (OUTFRONT Media Inc.), Credit Agreement (OUTFRONT Media Inc.), Credit Agreement (OUTFRONT Media Inc.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a compliant drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. on On the Business Day immediately following the Business Day on which the Borrower shall have received notice of any Honor Date payment by an L/C Issuer under a Letter of Credit (or, if the Borrower shall have received such notice later than 10:00 a.m. 1:00 p.m. Local Time on any Business Day, on the second succeeding Business Day) (each such datedate of payment, a an “Borrower Honor Date”), the Borrower shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on (which reimbursement, in the case of a Letter of Credit denominated in an Alternative Currency, shall be in such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor DateAlternative Currency). If the Borrower fails to so reimburse such L/C Issuer by on the Honor Date (or if any such timereimbursement payment is required to be refunded to the Borrower for any reason), then the Administrative Agent shall promptly notify the applicable L/C Issuer and each Revolving Credit Appropriate Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage thereof. In the event that the Borrower does not reimburse the L/C Issuer on the Business Day following the date it receives notice of the Honor Date (or, if the Borrower shall have received such eventnotice later than 1:00 p.m. Local Time on any Business Day, on the second succeeding Business Day), the Borrower shall be deemed to have requested requested, for the account of the Borrower, a Revolving Credit Borrowing of Base Rate Loans (in the case of any Unreimbursed Amount in respect of a Letter of Credit denominated in Dollars) or Eurocurrency Rate Loans with a period of one month (in the case of any Unreimbursed Amount in respect of a Letter of Credit denominated in an Alternative Currency which Eurocurrency Rate Loans shall be in the same Alternative Currency in which the relevant Letter of Credit is denominated) to be disbursed on the Borrower Honor Date such date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans or Eurocurrency Rate Loans, as applicable, nor the conditions set forth in Section 4.03, but subject to the amount of the unutilized portion of the relevant Revolving Credit Commitments in respect of the Appropriate LendersRevolving Credit Facility. For the avoidance of doubt, if any drawing occurs under a Letter of Credit and subject such drawing is not reimbursed on the same day as the day on which it is paid, such drawing shall, without duplication, accrue interest at the rate applicable to Base Rate Loans or Eurocurrency Rate Loans, as applicable, under the conditions set forth in Section 4.02(b). Any notice given by an L/C Issuer or Revolving Credit Facility until the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly confirmed in writing; provided that the lack date of such an immediate confirmation shall not affect the conclusiveness or binding effect of such noticereimbursement.
Appears in 3 contracts
Samples: Credit Agreement (Wyndham Hotels & Resorts, Inc.), Credit Agreement (Wyndham Hotels & Resorts, Inc.), Credit Agreement (Wyndham Destinations, Inc.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer applicable Issuing Bank shall, within the period stipulated by the terms and conditions of the Letter of Credit, examine the drawing document(s). After such examination and provided the drawing documents are compliant, the applicable Issuing Bank shall notify promptly the Borrower Parent and the Administrative Agent thereof. Not later than 10:00 11:00 a.m. on the one Business Day immediately following after the Business Day on which the Borrower shall have received date of notice of any Honor Date (payment by an Issuing Bank under a Letter of Credit or, if the Borrower Parent shall have received such notice from the Issuing Bank later than 10:00 11:00 a.m. on any Business Day, not later than 4:00 p.m. on the second succeeding next Business Day) Day (each such datedate of payment by an Issuing Bank, a an “Borrower Honor Date”), the applicable Borrower shall reimburse such L/C Issuer Issuing Bank through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Datedrawing. If the applicable Borrower fails to so reimburse such L/C Issuer the applicable Issuing Bank by such time, the Administrative Agent shall promptly notify each Revolving Credit Facility Lender under the applicable Revolving Facility of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Revolving Facility Lender’s Applicable Revolving Credit Facility Percentage thereof. In such event, the Borrower Parent shall be deemed to have requested a an ABR Revolving Credit Facility Borrowing of Base Rate Loans under the applicable Revolving Facility to be disbursed on the Borrower Honor Date such date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate ABR Loans, but subject to the amount of the unutilized portion of the Revolving Credit Facility Commitments of the Appropriate Lenders, under Section 4.02 and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Borrowing Request). Any notice given by an L/C Issuer Issuing Bank or the Administrative Agent pursuant to this Section 2.03(c)(i2.05(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 3 contracts
Samples: Credit Agreement (Jazz Pharmaceuticals PLC), Credit Agreement (Jazz Pharmaceuticals PLC), Credit Agreement (Jazz Pharmaceuticals PLC)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall exercise commercially reasonable efforts to notify promptly the Borrower and the Administrative Agent thereofthereof within one (1) Business Day after receipt of such notice and of the date required for payment of such drawing under such Letter of Credit. Not later than 10:00 a.m. 1:00 p.m. on the Business Day immediately following the Business Day on which the Borrower shall have received notice date of any Honor Date (or, if the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) payment by L/C Issuer under a Letter of Credit (each such date, a an “Borrower Honor Date”), the Borrower shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Datedrawing. If the Borrower fails to so reimburse such L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Committed Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Aggregate Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b5.02 (other than the delivery of a Committed Loan Notice). Any notice given by an L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice. If such Base Rate Loans are so disbursed to pay an Unreimbursed Amount, then no Default or Event of Default shall be deemed to have occurred.
Appears in 3 contracts
Samples: Credit Agreement (American Realty Capital Trust III, Inc.), Credit Agreement (American Realty Capital Properties, Inc.), Credit Agreement (American Realty Capital Trust, Inc.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant applicable L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not The Borrower agrees to pay to the L/C Issuer of any Letter of Credit that has been drawn upon the amount of all draws thereunder, in dollars, no later than 10:00 a.m. (x) 1:00 p.m., New York City time on the Business Day immediately following the Business Day on which the Borrower shall have received L/C Issuer has provided notice of any Honor Date (or, if thereof to the Borrower shall have received if such notice later than has been provided prior to 10:00 a.m. a.m., New York City time, on any such Business Day, or (y) no later than 1:00 p.m., New York City time, on the second next succeeding Business Day) Day after the Borrower receives such notice from such L/C Issuer if such notice is not received prior to 10:00 a.m., New York City time, on such day (each such date, a an “Borrower Honor Date”), the Borrower shall reimburse and such L/C Issuer through shall provide prompt notice to the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Datereimbursement. If the Borrower fails to so reimburse such the applicable L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 2.02(c) for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Aggregate Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Loan Notice). Any notice given by an the L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i2.06(d)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Teradata Corp /De/), Revolving Credit Agreement (Teradata Corp /De/), Guaranty Agreement (Teradata Corp /De/)
Drawings and Reimbursements; Funding of Participations. (i3) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. 12:00 Noon (New York City time) on the Business Day immediately following the Business Day on which any payment by an L/C Issuer under a Letter of Credit with notice to the Borrower shall have received notice of any Honor Date (or, if the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) (each such date, a an “Borrower Honor Date”), the Borrower shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by in Dollars. The L/C Issuer shall notify the Borrower on of the Borrower Honor Dateamount of the drawing promptly following the determination or revaluation thereof. If the Borrower fails to so reimburse such L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Appropriate Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage Pro Rata Share thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, Loans but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, Lenders and subject to the conditions set forth in Section 4.02(b4.01 (other than the delivery of a Committed Loan Notice). Any notice given by an L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice. Any Unreimbursed Amount that is not reimbursed on or prior the Honor Date shall bear interest at the rate applicable to Revolving Credit Loans that are Base Rate Loans for the first Business Day after the Honor Date and thereafter in accordance with Section 2.03(c)(iii).
Appears in 3 contracts
Samples: Credit Agreement (Summit Materials, Inc.), Credit Agreement (Summit Materials, LLC), Credit Agreement (Summit Materials, Inc.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant applicable L/C Issuer shall exercise commercially reasonable efforts to notify promptly the Borrower and the Administrative Agent thereofthereof within two (2) Business Days after receipt of such notice and of the date required for payment of such drawing under such Letter of Credit. Not later than 10:00 11:00 a.m. on the Business Day immediately following the Business Day on which the Borrower shall have received notice date of any Honor Date (or, if the Borrower shall have received such notice later than 10:00 a.m. on payment by any Business Day, on the second succeeding Business Day) L/C Issuer under a Letter of Credit (each such date, a an “Borrower Honor Date”), the Borrower shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Datedrawing. If the Borrower fails to so reimburse such L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Committed Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Aggregate Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b5.02 (other than the delivery of a Committed Loan Notice). Any notice given by an any L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice. If such Base Rate Loans are so disbursed to pay an Unreimbursed Amount, then no Default or Event of Default shall be deemed to have occurred.
Appears in 3 contracts
Samples: Credit Agreement (STAG Industrial, Inc.), Credit Agreement (STAG Industrial, Inc.), Credit Agreement (STAG Industrial, Inc.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Rollup Letter of Credit of any notice of a drawing under such Rollup Letter of Credit, the relevant L/C Issuer applicable Issuing Bank shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 11:00 a.m. on the Business Day immediately following the Business Day on which date of any payment by the applicable Issuing Bank under a Rollup Letter of Credit, so long as the Borrower shall have has received notice of any Honor Date (or, if the Borrower shall have received such notice later than drawing by 10:00 a.m. on any such following Business Day, on the second succeeding Business Day) Day (each such date, a an “Borrower Rollup Honor Date”), the Borrower shall reimburse such L/C Issuer Issuing Bank through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus (together with interest accruing thereon at the rate set forth in Section 2.07 for Rollup Revolving Credit Advances bearing interest at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor DateRate). If the Borrower fails to so reimburse such L/C Issuer the applicable Issuing Bank by such time, the Administrative Agent shall promptly notify each Rollup Revolving Credit Lender of the Rollup Honor Date, the amount of the unreimbursed drawing (the “Rollup Unreimbursed Amount”), and the amount of such Appropriate Rollup Revolving Credit Lender’s Applicable Revolving Credit Percentage Pro Rata Share thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Rollup Honor Date in an amount equal to the Rollup Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate LoansBorrowings, but subject to the amount of the unutilized portion of the Unused Rollup Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b3.02 (other than the delivery of a Notice of Borrowing). Any notice given by an L/C Issuer Issuing Bank or the Administrative Agent pursuant to this Section 2.03(c)(i2.21(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 3 contracts
Samples: Possession Credit Agreement (Chemtura CORP), Possession Credit Agreement (Chemtura CORP), Possession Credit Agreement
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 11:00 a.m. on the Business Day immediately following the Business Day on which the Borrower shall have received notice date of any Honor Date (or, if payment by the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) L/C Issuer under a Letter of Credit (each such date, a an “Borrower Honor Date”), the Borrower shall reimburse such the L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing drawing; provided, that, the Borrower has received notice of such payment by 10:00 a.m. on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by Date, otherwise the Borrower shall make such payment not later than 11:00 a.m. on the Borrower Honor Datefollowing Business Day (together with interest thereon). If the Borrower fails to so reimburse such the L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Loan Notice) (it being understood and agreed that no Default or Event of Default caused solely by the Borrower’s failure to reimburse the L/C Issuer for any Unreimbursed Amount in accordance with the first sentence of this Section 2.03(c)(i) shall exist to the extent such Unreimbursed Amount is refinanced by a borrowing of Revolving Credit Loans in the amount of such Unreimbursed Amount pursuant to this Section 2.03(c)(i)). Any notice given by an the L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 3 contracts
Samples: Credit Agreement (Varian Medical Systems Inc), Credit Agreement (Varian Medical Systems Inc), Credit Agreement (Varian Medical Systems Inc)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. on On the Business Day immediately following the Business Day on which the Borrower shall have received notice of any Honor Date payment by an L/C Issuer under a Letter of Credit (or, if the Borrower shall have received such notice later than 10:00 a.m. 1:00 p.m. on any Business Day, on the second succeeding Business Day) (each such date, a an “Borrower Honor Date”), the Borrower shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing by 1:00 p.m. on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor DateBusiness Day. If the Borrower fails to so reimburse such L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Appropriate Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage Pro Rata Share thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, Loans but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b). Any notice given by an L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 2 contracts
Samples: Credit Agreement (Phibro Animal Health Corp), Credit Agreement (Phibro Animal Health Corp)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Creditan L/C Disbursement, the relevant L/C Issuer shall promptly notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 11:00 a.m. New York City time, on the first Business Day immediately following any L/C Disbursement by the Business Day on which L/C Issuer under a Letter of Credit with written notice to the Borrower shall have received notice of any Honor Date (or, if the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) (each such date, a an “Borrower Honor Date”), the Borrower shall reimburse such the L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing L/C Disbursement (for this purpose, taking the Dollar Equivalent of any such L/C Disbursement made in an Approved Alternate Currency) in Dollars; provided that if such reimbursement is not made on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the making of such L/C Disbursement, the Borrower shall pay interest to the relevant L/C Issuer on such amount at the rate applicable to ABR Loans (without duplication of interest payable on L/C Borrowings). The L/C Issuer shall notify the Borrower Honor Datein writing of the amount of the L/C Disbursement (taking the Dollar Equivalent of any such L/C Disbursement made in an Approved Alternate Currency) promptly following the determination thereof. If the Borrower fails to so reimburse such the L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender Appropriate Bank of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate LenderBank’s Applicable Revolving Credit Percentage Pro Rata Share thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans an ABR Loan to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate ABR Loans, but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b6.02 (other than the delivery of a Request for Credit Extension). Any notice given by an the L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i2.09(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 2 contracts
Samples: Credit Agreement and General Security Agreement (Avon Products Inc), General Security Agreement (Avon Products Inc)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant applicable L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereofthereof and of the date that the applicable L/C Issuer is to make payment under the applicable Letter of Credit (such payment date, the “Honor Date”). Not later than 10:00 1:00 p.m. on the Honor Date (if the Borrower has received notice of such drawing prior to 11:00 a.m. on the Business Day immediately following the Business Day on which the Borrower shall have received notice of any Honor Date (or, if the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) (each such date, a “Borrower Honor Date”), the Borrower shall reimburse such the applicable L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on drawing; provided, however, if such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement notice has not been received by the Borrower prior to 11:00 a.m. on the Borrower Honor Date. , the Borrower shall so reimburse the applicable L/C Issuer through the Administrative Agent not later than 12:00 noon on the Business Day immediately following the day that the Borrower receives such notice If the Borrower fails to so reimburse such the applicable L/C Issuer by such time, the Administrative Agent shall promptly notify each Lender having a Revolving Credit Lender Commitment of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Revolving Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Committed Loans, but subject to the amount of the unutilized portion of the Aggregate Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b5.02 (other than the delivery of a Committed Loan Notice). Any notice given by an the applicable L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 2 contracts
Samples: Credit Agreement (Cincinnati Bell Inc), Credit Agreement (Cincinnati Bell Inc)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer applicable Issuing Bank shall notify promptly the Applicable Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. on Following any payment by the Business Day immediately following the Business Day on which the Borrower shall have received notice applicable Issuing Bank under a Letter of any Honor Date (or, if the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) Credit (each date of such datea payment, a an “Borrower Honor Date”), the Applicable Borrower shall reimburse such L/C Issuer Issuing Bank through the Administrative Agent in an amount equal to the amount of such drawing on or, in the case of a Letter of Credit denominated in a Committed Currency, the Equivalent of the amount of such Honor Date plus drawing in Dollars (together with interest accruing thereon at the rate set forth in Section 2.07 for Revolving Credit Advances bearing interest at the Base Rate from Rate), such reimbursement to be made not later than 11:00 a.m. (New York City time) on the Honor Date to or the earliest succeeding Business Day on which the Applicable Borrower receives notice of such payment; provided that if such notice is received later than 10:00 a.m. (New York City time) on such date of receipt, the reimbursement by the Borrower shall be due not later than 11:00 a.m. (New York City time) on the Borrower Honor DateBusiness Day immediately succeeding the Business Day of receipt thereof. If the Applicable Borrower fails to so reimburse such L/C Issuer the applicable Issuing Bank by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Revolving Credit Lender’s Applicable Revolving Credit Percentage Pro Rata Share thereof. In such event, the Applicable Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to to, and in the same currency as, the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 2.01 for the principal amount of Base Rate LoansBorrowings, but subject to the amount of the unutilized portion of the Unused Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b3.02 (other than the delivery of a Notice of Borrowing). Any notice given by an L/C Issuer Issuing Bank or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Dana Inc), Credit and Guaranty Agreement (Dana Inc)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the applicable Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. on the Business Day immediately following the Business Day on which the Borrower shall have received notice of any Honor Date (or1) 1:00 p.m., if the Borrower shall have received such notice later than 10:00 a.m. on any Business DayLocal Time, on the second date that the L/C Issuer provides notice to the applicable Borrower of any payment by the L/C Issuer under a Letter of Credit denominated in Dollars or (2) 11:00 a.m., Local Time, on the next succeeding Business DayDay (if such notice is provided after 10:00 a.m., Local Time, on the date such notice is given) (each such applicable date, a an “Borrower Honor Date”), the applicable Borrower shall reimburse such the L/C Issuer through (and the L/C Issuer shall promptly notify the Administrative Agent of any failure by such Borrower to so reimburse the L/C Issuer by such time) in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at and in the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Dateapplicable currency. If the applicable Borrower fails to so reimburse such the L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Facility Lender under the Revolving Facility pursuant to which such Letter of Credit Lender was issued of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Facility Percentage thereof. In such event, the applicable Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate ABR Revolving Loans under the Revolving Facility under which such Letter of Credit was issued to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate LoansBorrowing Minimums or Borrowing Multiples, but subject to the amount of the unutilized portion of the Revolving Credit Facility Commitments of the Appropriate Lenders, under such Revolving Facility and subject to the conditions set forth in Section 4.02(b4.01 (other than the delivery of a Borrowing Request). Any notice given by an the L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i2.05(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 2 contracts
Samples: First Lien Credit Agreement (CAESARS ENTERTAINMENT Corp), First Lien Credit Agreement (CAESARS ENTERTAINMENT Corp)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 11:00 a.m. on the second Business Day immediately following the Business Day on which the Borrower shall have received notice any payment by an L/C Issuer under a Letter of any Honor Date (or, if the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) Credit (each such date, a an “Borrower Honor Date”), the Borrower shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing drawing, together with interest on the amount so paid or disbursed by such Honor Date plus interest accruing at L/C Issuer, to the Base Rate from the Honor Date to extent not reimbursed on the date of reimbursement by the Borrower on the Borrower Honor Datesuch payment of disbursement. If the Borrower fails to so does not reimburse such L/C Issuer by such time, the L/C Issuer shall notify the Administrative Agent of the unreimbursed drawing and the Administrative Agent shall promptly notify each Revolving Credit Appropriate Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage Pro Rata Share thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, Loans but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, Lenders and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Committed Loan Notice). Any notice given by an L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 2 contracts
Samples: Credit Agreement (Bright Horizons Family Solutions Inc.), Credit Agreement (Bright Horizons Family Solutions Inc.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from On the beneficiary date of any payment by any Sterling L/C Issuer under any Sterling Letter of Credit of any notice of a drawing under (each such Letter of Creditdate, an “Sterling Honor Date”), the relevant Sterling L/C Issuer shall notify promptly the UK Borrower and the UK Administrative Agent thereofof such payment. Not If the relevant Sterling L/C Issuer shall give such notice prior to 11:00 A.M. on the Sterling Honor Date, by not later than 10:00 a.m. 11:00 A.M. on the Business Day immediately following the Business Day on which the Borrower shall have received notice of any Honor Date (or, if the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) (each such date, a “Borrower Sterling Honor Date”), the UK Borrower shall reimburse such the relevant Sterling L/C Issuer through the UK Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Datedrawing. If the UK Borrower fails to so reimburse such the relevant Sterling L/C Issuer by such time11:00 A.M. on the Sterling Honor Date, the UK Administrative Agent shall promptly notify each Revolving Credit Lender UK Bank of the Sterling Honor Date, the amount of the unreimbursed drawing (the “Sterling Unreimbursed Amount”), and the amount of such Appropriate LenderUK Bank’s Applicable Revolving Credit Percentage Sterling Pro Rata Share thereof. In such event, the UK Borrower shall be deemed to have requested a Revolving Credit UK Borrowing of Base Rate Loans Sterling Advances with a seven day Sterling Interest Period to be disbursed on the Borrower Sterling Honor Date in an amount equal to the Sterling Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, and subject to compliance with the conditions set forth in Section 4.02(b3.2B (other than (i) the delivery of a Sterling Notice of Borrowing and (ii) the absence of an event that would constitute an Event of Default but for the requirement of time elapse which is based upon the UK Borrower’s failure to fully and timely reimburse for such drawing). Any notice given by an any Sterling L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i2B.8(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Eog Resources Inc), Revolving Credit Agreement (Eog Resources Inc)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. on the Business Day immediately following the Business Day on which the Borrower shall have received notice of any Honor Date (or, if the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) (each such date, a “Borrower Honor Date”), the Borrower shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Date. If the Borrower fails to so reimburse such L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender under the applicable Revolving Credit Tranche of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Percentage under the applicable Revolving Credit Percentage PercentageTranche thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b). Any notice given by an L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 2 contracts
Samples: Credit Agreement (Nexstar Media Group, Inc.), Credit Agreement (Nexstar Media Group, Inc.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereofthereof (such notice, the “Drawing Notice”). Not later than 10:00 a.m. on the Business Day immediately following date that is the Business Day on which the Borrower shall have received notice of any Honor Date (or, if the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) (each such date, a “Borrower Reimbursement Date”) of (A) 11:00 a.m. on the first (1st) Business Day following the date of the delivery by L/C Issuer of the Drawing Notice and (B) 11:00 a.m. on the date of any payment by L/C Issuer under a Letter of Credit (each such date, an “Honor Date”), the Borrower shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on drawing; provided that if Borrower has not made such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Date. If the Borrower fails to so reimburse such L/C Issuer by such timepayment, the then Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Reimbursement Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Revolving Credit Lender’s Applicable Revolving Credit Percentage thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b6.02 (other than (x) the delivery of a Committed Loan Notice and (y) the existence of a Default (other than a Default under Section 10.01(f)) that is not an Event of Default). Any notice given by an L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 2 contracts
Samples: Credit Agreement (Rexford Industrial Realty, Inc.), Credit Agreement (Rexford Industrial Realty, Inc.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such any Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. on If a payment is made by the Business Day immediately following the Business Day on which the Borrower shall have received notice L/C Issuer under a Letter of any Honor Date (or, if the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) (each such date, a “Borrower Honor Date”), Credit the Borrower shall reimburse such the L/C Issuer through the Administrative Agent in an amount equal to not later than 12:00 noon, New York time, on the amount date such payment under such Letter of Credit is made (the “Honor Date”), if the Borrower shall have received notice of such drawing payment prior to 10:00 a.m., New York time, on such Honor Date plus interest accruing at the Base Rate from the Honor Date Date, or if such notice has not been received by the Borrower prior to such time on the date Honor Date, then not later than 12:00 noon, New York time, on (i) the Business Day that the Borrower receives such notice, if such notice is received prior to 10:00 a.m., New York time, on the day of receipt, or (ii) the Business Day immediately following the day that the Borrower receives such notice, if such notice is not received prior to such time on the day of receipt. Any such reimbursement by the Borrower which is made after the Honor Date shall be made together with interest on the Borrower amount disbursed from and including the Honor DateDate until payment in full of such disbursed amount, at a varying rate per annum equal to the then applicable interest rate for Base Rate Loans through the date that payment is due to be made pursuant to this Section, and thereafter, at the Default Rate applicable to Base Rate Loans. If the Borrower fails to so reimburse such the L/C Issuer by such timethe time required by the terms of this subsection (c)(i), the Administrative Agent shall promptly notify each Revolving Credit Revolver Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Revolver Lender’s Applicable Revolving Credit Percentage Pro Rata Share thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Committed Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 2.03 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Aggregate Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Committed Loan Notice). Any notice given by an the L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i2.14(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 2 contracts
Samples: Credit Agreement (Martin Midstream Partners Lp), Credit Agreement (Martin Midstream Partners Lp)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the applicable Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. 2:00 p.m. on the date of any payment by the L/C Issuer under a Letter of Credit, if such Borrower has been so notified at or before 1:00 p.m. on such date, otherwise not later than 2:00 p.m. on the next Business Day immediately following the Business Day on which the Borrower shall have received notice of any Honor Date (or, if the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) (each such date, a an “Borrower Honor Date”), the applicable Borrower that requested such Letter of Credit shall reimburse such the L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Datedrawing. If the such Borrower fails to so reimburse such the L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage thereof. In such event, the applicable Borrower that requested such Letter of Credit shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Aggregate Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Loan Notice). Any notice given by an the L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 2 contracts
Samples: Credit Agreement (Western Digital Corp), Credit Agreement (Western Digital Corp)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. on the Business Day immediately following On the Business Day on which the Borrower shall have received notice of any Honor Date (payment by the L/C Issuer under a Letter of Credit or, if the Borrower shall have received such notice later than 10:00 a.m. 12:00 p.m. on any Business Day, on the second succeeding Business Day (such applicable Business Day) (each such date, a the “Borrower L/C Honor Date”), the Borrower shall (regardless of whether or not such Letter of Credit shall be for the sole account of the Borrower or for the joint account of the Borrower and any Subsidiary) reimburse such the L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Datedrawing. If the Borrower fails to so reimburse such the L/C Issuer by on the L/C Honor Date (or if any such timereimbursement payment is required to be refunded to the Borrower for any reason), then (x) the Borrower shall be deemed to have requested a Borrowing of ABR Loans in the amount of such drawing, and (y) the Administrative Agent shall promptly notify each Revolving Credit Lender of the L/C Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage thereof. In such event, the Borrower Such Revolving Loans shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on made by the Borrower Honor Date in an amount equal to the Unreimbursed Amount, Lenders without regard to the minimum Borrowing Minimums and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b)Borrowing Multiples. Any notice given by an the L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i2.4(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice. For the avoidance of doubt, if any drawing occurs under a Letter of Credit and such drawing is not reimbursed on the same day, the Unreimbursed Amount of such drawing shall, without duplication, accrue interest for each day until the date of reimbursement at (x) prior to the third Business Day following the L/C Honor Date, the rate per annum applicable to the outstanding principal balance of ABR Loans pursuant to Section 3.1(a), and (y) thereafter, a rate per annum equal to the Default Rate applicable to the outstanding principal balance of ABR Loans.
Appears in 2 contracts
Samples: Credit Agreement (Franchise Group, Inc.), Credit Agreement (Liberty Tax, Inc.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from funding of a L/C Advance to the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. on the Business Day immediately following On the Business Day on which the Borrower shall have received notice of any Honor Date payment by an L/C Issuer under a Letter of Credit (or, if the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding immediately following Business Day) (each such date, a an “Borrower Honor Date”), the Borrower shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Datedrawing. If the Borrower fails to so reimburse such L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Appropriate Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage Pro Rata Share thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Eurodollar Rate Loans or Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders and Revolving Credit Lenders, and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Committed Loan Notice). Any notice given by an L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 2 contracts
Samples: Credit Agreement (Catalent, Inc.), Credit Agreement (Catalent Pharma Solutions, Inc.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Fronted Letter of Credit of any notice of a drawing under such Fronted Letter of Credit, the relevant Fronting L/C Issuer shall promptly notify the Administrative Agent and the Administrative Agent shall promptly notify the Borrower and the Administrative Agent thereofLenders of the date (the “Honor Date”) on which the Fronting L/C Issuer anticipates that payment of such drawing will be made. Not later than 10:00 a.m. 2:00 p.m. on the Business Day immediately following the Business Day on which Honor Date, so long as the Borrower shall have has received notice of any Honor Date (or, if such payment from the Borrower shall have received such notice later than Fronting L/C Issuer or the Administrative Agent by 10:00 a.m. on any Business Daysuch Honor Date and, otherwise, not later than 2:00 p.m. on the second succeeding Business Day) Day immediately following the Honor Date (each such date, a “Borrower Honor Letter of Credit Reimbursement Date”), the Borrower shall reimburse such the Fronting L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on (such Honor Date plus interest accruing at amount, the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Date“Unreimbursed Amount”). If the Borrower fails to so reimburse make such L/C Issuer reimbursement by the required time and if such timeUnreimbursed Amount is not repaid on the date the required time occurs through a Borrowing of Base Rate Loans in accordance with clause (ii) below, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage thereof. In Each Lender shall, upon any notice pursuant to this Section 2.01(c)(i), in purchase of its participation in such eventUnreimbursed Amount, make funds available to the Borrower shall be deemed to have requested a Revolving Credit Borrowing Administrative Agent for the account of Base Rate Loans to be disbursed on the Borrower Honor Date Fronting L/C Issuer at the Administrative Agent’s Office in an amount equal to such Lender’s Applicable Percentage of the Unreimbursed AmountAmount not later than 1:00 p.m. on the Business Day specified in such notice by the Administrative Agent, without regard which notice shall be given not later than 10:00 a.m. on the Business Day specified. If any Defaulting Lender shall fail to make such funds available, any Cash Collateral delivered on account of such Defaulting Lender for such Fronted Letter of Credit shall be applied by the Administrative Agent to the minimum and multiples specified in Section 2.02 for reimbursement of the principal amount of Base Rate Loans, but subject Fronting L/C Issuer as required hereunder. The Administrative Agent shall remit the funds so received or applied to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b)Fronting L/C Issuer. Any notice given by an the Fronting L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i2.01(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 2 contracts
Samples: Revolving Credit Agreement (ING U.S., Inc.), Revolving Credit Agreement (ING U.S., Inc.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant applicable L/C Issuer shall notify promptly the Borrower Company and the Administrative Agent thereof. Not later than 10:00 a.m. on thereof and whether such L/C Issuer has made or will make a payment thereunder (any such payment being referred to as an “L/C Disbursement”, and the Business Day immediately following the Business Day on which the Borrower shall have received notice date of any such payment being referred to as the “Honor Date (orDate” thereof); provided, if the Borrower shall have received that any failure to give or delay in giving such notice later than 10:00 a.m. on shall not relieve the applicable Primary Revolving Borrower of its obligation to reimburse such L/C Issuer and the Primary Revolving Lenders, as applicable, with respect to any Business Day, on the second succeeding Business Day) (each such date, a “Borrower Honor Date”)L/C Disbursement. If an L/C Issuer shall make any L/C Disbursement, the applicable Primary Revolving Borrower shall reimburse such L/C Issuer through by paying to the Administrative Agent in Agent, for account of such L/C Issuer, an amount equal to the amount of such drawing on such Honor Date plus interest accruing at L/C Disbursement, in the Base Rate from the Honor Date to the date of reimbursement by the Borrower currency thereof, not later than 2:00 p.m., Specified Time, on the Borrower Honor DateBusiness Day immediately following the day on which the Company receives notice of such L/C Disbursement (or, if the Company shall have received notice of such L/C Disbursement on a day that is not a Business Day, the second Business Day immediately following such day). If the such Primary Revolving Borrower fails so to so reimburse such L/C Issuer by for such timeL/C Disbursement, such L/C Issuer shall promptly notify the Administrative Agent thereof, and, upon receipt of such notice, the Administrative Agent shall promptly notify each Primary Revolving Credit Lender of the Honor DateDate of such L/C disbursement, the unreimbursed amount of the unreimbursed drawing and currency thereof (the “Unreimbursed Amount”), ) and the amount of such Appropriate Lender’s Applicable Primary Revolving Credit Percentage thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b). Any notice given by an any L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly confirmed in writing; provided that the lack of such an immediate a confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 2 contracts
Samples: Credit Agreement (Pulse Electronics Corp), Credit Agreement (Pulse Electronics Corp)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the applicable Borrower and the Administrative Agent thereof. In the case of any reimbursement of a drawing under a Letter of Credit denominated in an Alternative Currency, the L/C Issuer shall notify the applicable Borrower of the Dollar Equivalent of the amount of the drawing promptly following the determination thereof. Not later than 10:00 3:00 p.m. on the date of any payment by the L/C Issuer under a Letter of Credit, to the extent the relevant Borrower has received notice that such payment is to be made by 8:00 a.m. on such date or, in the event such notice is received after 8:00 a.m. on such date by not later than 12:00 p.m. on the next succeeding Business Day immediately following the Business Day on which the Borrower shall have received notice of any Honor Date (or, if the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) (each such date, a an “Borrower Honor Date”), the applicable Borrower shall reimburse such the L/C Issuer through the Administrative Agent in an amount equal to the Dollar Equivalent of the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Dateand in Dollars. If the applicable Borrower fails to so reimburse such the L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (expressed in Dollars in the amount of the Dollar Equivalent thereof in the case of a Letter of Credit denominated in an Alternative Currency) (the “Unreimbursed Amount”), and the amount of such Appropriate Revolving Credit Lender’s Applicable Revolving Credit Percentage thereof. In such event, the applicable Borrower shall be deemed to have requested a Revolving Credit Committed Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Aggregate Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Committed Loan Notice). Any notice given by an the L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 2 contracts
Samples: Credit Agreement (Herbalife Ltd.), Credit Agreement (Herbalife Ltd.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the applicable Borrower and the Administrative Agent thereof. Not If the L/C Issuer shall make any disbursement in respect of a Letter of Credit, the Borrowers shall reimburse such disbursement by paying to the Administrative Agent an amount equal to such disbursement not later than 2:00 p.m. on the date that such disbursement is made (the “Honor Date”), if the Borrower Agent shall have received notice of such disbursement prior to 10:00 a.m. on the Honor Date, or, if such notice has not been received by the Borrower Agent prior to such time on the Honor Date, then not later than (i) 2:00 p.m. on the Business Day that the Borrower Agent receives such notice, if such notice is received prior to 10:00 a.m. on the day of receipt, or (ii) 12:00 noon on the Business Day immediately following the Business Day on which day that the Borrower shall have received notice of any Honor Date (orAgent receives such notice, if the Borrower shall have received such notice later than is not received prior to 10:00 a.m. on any Business Daythe day of receipt; provided that the Borrowers may, on subject to the second succeeding Business Day) (each conditions to borrowing set forth herein, request in accordance with Section 2.02 or Section 2.04 that such datepayment be financed with a Borrowing in an equivalent amount and, a “Borrower Honor Date”)to the extent so financed, the Borrower Borrowers’ obligation to make such payment shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement be discharged and replaced by the Borrower on the Borrower Honor Dateresulting Revolving Credit Borrowing. If the Borrower fails Borrowers fail to so reimburse such the L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Revolving Credit Lender’s Applicable Revolving Credit Percentage thereof. In such event, the Borrower Borrowers shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Loan Notice). Any notice given by an the L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 2 contracts
Samples: Credit Agreement (Tidewater Inc), Credit Agreement (Tidewater Inc)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. on the Business Day immediately following On the Business Day on which the Borrower shall have received notice of any Honor Date payment by an L/C Issuer under a Letter of Credit (or, if the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding immediately following Business Day) (each such date, a an “Borrower Honor Date”), the Borrower shall reimburse such L/C Issuer through the Administrative Agent Agent, or directly to the applicable L/C Issuer in the case of commercial Letters of Credit, in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Datedrawing. If the Borrower fails to so reimburse such L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Appropriate Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage Pro Rata Share thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans Loans, in each case to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Eurocurrency Rate Loans or Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders and Revolving Credit Lenders, and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Committed Loan Notice). Any notice given by an L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 2 contracts
Samples: Credit Agreement (Pinnacle Foods Inc.), Credit Agreement (Pinnacle Foods Inc.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant applicable L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not In the event the Borrower receives such notice not later than 10:00 a.m. 3:00 p.m. on the Business Day immediately following prior to the Business Day on which the Borrower shall have received notice date of any Honor Date (or, if payment by the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) applicable L/C Issuer under a Letter of Credit (each such datedate of payment, a an “Borrower Honor Date”), the Borrower shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing thereunder not later than 11:00 a.m. on such Honor Date. In the event the Borrower receives such notice after 3:00 p.m. on the Business Day prior to any Honor Date, such Borrower shall reimburse the L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing thereunder not later than 11:00 a.m. on the Business Day immediately succeeding such Honor Date plus (and if such payment is not made until such next succeeding Business Day after the Honor Date, interest accruing shall accrue on the outstanding amount of such draw, for the account of the applicable L/C Issuer, at the interest rate then applicable to Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor DateLoans). If the Borrower fails to so reimburse such L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Revolving Credit Lender’s Applicable Revolving Credit Percentage thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Committed Loan Notice). Any notice given by an the applicable L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 2 contracts
Samples: Credit Agreement (Polypore International, Inc.), Credit Agreement (Polypore International, Inc.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. on On the Business Day immediately following the Business Day on which the Borrower shall have received notice of any Honor Date payment by an L/C Issuer under a Letter of Credit (or, if the Borrower shall have received such notice later than 10:00 a.m. 1:00 p.m. on any Business Day, on the second succeeding Business Day) (each such date, a an “Borrower Honor Date”), the Borrower shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing by 1:00 p.m. on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor DateBusiness Day. If the Borrower fails to so reimburse such L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Appropriate Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage Pro Rata Share thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section Section 2.02 for the principal amount of Base Rate Loans, Loans but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section Section 4.02(b). Any notice given by an L/C Issuer or the Administrative Agent pursuant to this Section Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 2 contracts
Samples: Credit Agreement (Phibro Animal Health Corp), Credit Agreement (Phibro Animal Health Corp)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer applicable Issuing Bank shall notify promptly the Borrower Borrowers and the Administrative Agent thereof. Not later than 10:00 a.m. 11:00 A.M. (New York City time) on the Business Day immediately following the Business Day on which date of any payment by the Borrower shall applicable Issuing Bank under a Letter of Credit, so long as the Borrowers have received notice of any Honor Date such drawing by 10:00 A.M. (or, if the Borrower shall have received New York City time) on such notice later than 10:00 a.m. on any following Business Day, on the second succeeding Business Day) Day (each such date, a an “Borrower Honor Date”), the Borrower Borrowers shall reimburse such L/C Issuer Issuing Bank through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus (together with interest accruing thereon at the rate set forth in Section 2.08 for Revolving Credit Advances bearing interest at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor DateRate). If the Borrower fails Borrowers fail to so reimburse such L/C Issuer the applicable Issuing Bank by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Revolving Credit Lender’s Applicable Revolving Credit Percentage Pro Rata Share thereof. In such event, the Borrower Borrowers shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate LoansBorrowings, but subject to the amount of the unutilized portion of the Unused Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b3.02 (other than the delivery of a Notice of Borrowing). Any notice given by an L/C Issuer Issuing Bank or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 2 contracts
Samples: Senior Secured Revolving Facility Credit Agreement (Chemtura CORP), Senior Secured Revolving Facility Credit Agreement (Chemtura CORP)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower Company and the Administrative Agent thereof. Not later than 10:00 a.m. on On the Business Day immediately following the Business Day date on which the Borrower Company shall have received notice of any Honor Date payment by an L/C Issuer under a Letter of Credit (or, if the Borrower Company shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business DayDay following the receipt of such notice) (each such date, a an “Borrower Honor Date”), the Borrower Company shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing drawing; provided that if such reimbursement is not made on the respective date of payment by the L/C Issuer, the Company shall pay interest on such Honor Date plus interest accruing amount at a rate per annum equal to the Applicable Rate then in effect in respect of Base Rate Loans from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Datesuch payment until such Business Day. If the Borrower Company fails to so reimburse such L/C Issuer by such time, unless the Company shall have notified the Administrative Agent shall promptly notify each Revolving Credit Lender of and the relevant L/C Issuer prior to 11:00 a.m. on the Honor Date, Date that the Company intends to reimburse the L/C Issuer for the amount of the unreimbursed drawing (the “Unreimbursed Amount”)) with funds other than proceeds of Revolving Credit Loans, the Administrative Agent shall promptly notify each Appropriate Lender of the Honor Date, the Unreimbursed Amount, and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage Pro Rata Share thereof. In such event, the Borrower Company shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, Loans but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, Lenders and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Loan Notice). Any notice given by an L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 2 contracts
Samples: Credit Agreement (DJO Finance LLC), Credit Agreement (ReAble Therapeutics Finance LLC)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant applicable L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. Each L/C Issuer shall notify the Borrower on the Business Day immediately following the Business Day on which the Borrower shall have received notice date of any Honor Date (or, if the Borrower shall have received payment by such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) L/C Issuer under a Letter of Credit (each such date, a an “Borrower Honor Date”), and the Borrower shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing no later than on the next succeeding Business Day (and any reimbursement made on such Honor Date plus next Business Day shall be taken into account in computing interest accruing at the Base Rate from the Honor Date to the date and fees in respect of reimbursement by the Borrower on the Borrower Honor Dateany such Letter of Credit). If the Borrower fails to so reimburse such L/C Issuer by on such timenext Business Day, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Revolving Credit Lender’s Applicable Pro Rata Share thereof (based on such Lender’s Pro Rata Share of the aggregate Revolving Credit Percentage thereofFacility). In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date such date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Committed Loan Notice); provided that, subject to the satisfaction of all applicable conditions set forth in Section 4.02, Borrower may, at its option utilize the Swingline Loans, or may make other arrangements for payment satisfactory to the L/C Issuer, for reimbursement of all L/C Borrowings as required in this Section 2.03(c)(i). Any notice given by an L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly confirmed in writing; provided that the lack of such an immediate a prompt confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 2 contracts
Samples: First Lien Credit Agreement (Keyw Holding Corp), Credit Agreement (Keyw Holding Corp)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a compliant drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. on On the Business Day immediately following the Business Day on which the Borrower shall have received notice of any Honor Date payment by an L/C Issuer under a Letter of Credit (or, if the Borrower shall have received such notice later than 10:00 a.m. 1:00 p.m. Local Time on any Business Day, on the second succeeding Business Day) (each such datedate of payment, a an “Borrower Honor Date”), the Borrower shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on (which reimbursement, in the case of a Letter of Credit denominated in an Alternative Currency, shall be in such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor DateAlternative Currency). If the Borrower fails to so reimburse such L/C Issuer by on the Honor Date (or if any such timereimbursement payment is required to be refunded to the Borrower for any reason), then the Administrative Agent shall promptly notify the applicable L/C Issuer and each Revolving Credit Appropriate Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage thereof. In the event that the Borrower does not reimburse the L/C Issuer on the Business Day following the date it receives notice of the Honor Date (or, if the Borrower shall have received such eventnotice later than 1:00 p.m. Local Time on any Business Day, on the second succeeding Business Day), the Borrower shall be deemed to have requested requested, for the account of the Borrower, a Revolving Credit Borrowing of Base Rate Loans (in the case of any Unreimbursed Amount in respect of a Letter of Credit denominated in Dollars) or Alternative Currency Loans (in the case of any Unreimbursed Amount in respect of a Letter of Credit denominated in an Alternative Currency which Alternative Currency Loans shall be in the same Alternative Currency in which the relevant Letter of Credit is denominated) to be disbursed on the Borrower Honor Date such date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, Alternative Currency Loans or Term SOFR Loans, as applicable, nor the conditions set forth in Section 4.03, but subject to the amount of the unutilized portion of the relevant Revolving Credit Commitments in respect of the Appropriate LendersRevolving Credit Facility. For the avoidance of doubt, if any drawing occurs under a Letter of Credit and subject such drawing is not reimbursed on the same day as the day on which it is paid, such drawing shall, without duplication, accrue interest at the rate applicable to Base Rate Loans, Alternative Currency Loans or Term SOFR Loans, as applicable, under the conditions set forth in Section 4.02(b). Any notice given by an L/C Issuer or Revolving Credit Facility until the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly confirmed in writing; provided that the lack date of such an immediate confirmation shall not affect the conclusiveness or binding effect of such noticereimbursement.
Appears in 2 contracts
Samples: Credit Agreement (Wyndham Hotels & Resorts, Inc.), Credit Agreement (Wyndham Hotels & Resorts, Inc.)
Drawings and Reimbursements; Funding of Participations. (ia) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall promptly notify promptly the Borrower Company and the Administrative Agent thereof. Not later than 10:00 If the Company receives notice of a drawing under a Letter of Credit prior to 11:00 a.m. (Charlotte time) on the Business Day immediately following the Business Day on which such drawing is honored by the Borrower shall have received notice of any Honor Date (or, if the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) L/C Issuer (each such date, a an “Borrower Honor Date”), the Borrower Company shall reimburse such the L/C Issuer through prior to 1:00 p.m. (Charlotte time) on the Administrative Agent in an amount equal to Honor Date for the amount paid by the L/C Issuer in respect of such drawing. If the Company receives notice of a drawing under a Letter of Credit at or after 11:00 a.m. (Charlotte time) on the Honor Date, the Company may make such Honor Date plus reimbursement on the immediately following Business Day (and interest accruing at on the Base Rate amount so paid by the L/C Issuer shall accrue for the account of the L/C Issuer from the Honor Date to such immediately following Business Day at a rate per annum equal to the date of reimbursement by Base Rate (or such other rate as the Borrower on Company and the Borrower Honor Date. If the Borrower fails to so reimburse such L/C Issuer shall agree)). If the Company fails to reimburse the L/C Issuer for the full amount of any drawing under any Letter of Credit by such 1:00 p.m. (Charlotte time) on the date required pursuant to the two preceding sentences, the L/C Issuer will promptly notify the Administrative Agent shall and the Administrative Agent will promptly notify each Revolving Credit Lender thereof, and the Company shall be deemed to have requested that Base Rate Loans be made by the Lenders to be disbursed on such date in payment of the Honor Date, the amount unpaid reimbursement obligations with respect to such Letter of the unreimbursed drawing Credit (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, Aggregate Commitment and subject to the conditions set forth in Section 4.02(b)4.2, other than any notice requirement and without regard to any requirement that Borrowings be in a particular amount. Any notice given by an the L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(isubsection 2.7.3(a) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 2 contracts
Samples: Credit Agreement (Smith a O Corp), Credit Agreement (Smith a O Corp)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower Representative and the Administrative Agent thereof. Not later than 10:00 a.m. on the Business Day immediately following the Business Day on which the Borrower Representative shall have received notice of any Honor Date (or, if the Borrower Representative shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) (each such date, a an “Borrower Honor Date”), the Borrower Representative shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower Representative on the Borrower Honor Date. If the Borrower Representative fails to so reimburse such L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage thereof. In such event, the Borrower Representative shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b)4.02. Any notice given by an L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 2 contracts
Samples: Credit Agreement (Media General Inc), Credit Agreement (Media General Inc)
Drawings and Reimbursements; Funding of Participations. (ia) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer applicable Issuing Lender shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 11:00 A.M. Central time on (i) the Business Day that the Borrower receives a notice of such payment by such Issuing Lender under a Letter of Credit (each such date, an “Honor Date”), if such notice is received prior to 10:00 a.m. a.m., Central time, on the day of receipt, or (ii) the Business Day immediately following the Business Day on which the Borrower shall have received notice of any Honor Date (orDate, if the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, is not received prior to such time on the second succeeding Business Day) (each such date, a “Borrower Honor Date”)day of receipt, the Borrower shall reimburse such L/C Issuer Issuing Lender through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Datedrawing. If the Borrower fails to so reimburse such L/C Issuer Issuing Lender by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 2.2 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Total Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b)5.2. Any notice given by an L/C Issuer such Issuing Lender or the Administrative Agent pursuant to this Section 2.03(c)(i2.7(a) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.. [Access MLP Operating Credit Agreement]
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (Access Midstream Partners Lp)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 11:00 a.m. on the second Business Day immediately following the Business Day on which the Borrower shall have received notice date of any Honor Date (or, if payment by the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) L/C Issuer under a Letter of Credit (each such date, a an “Borrower Honor Date”), the Borrower shall reimburse such the L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus with interest accruing at the Base Rate thereon from the Honor Date at an annual rate equal to (subject always to clause (iii) of this paragraph (c)) the date of reimbursement by Base Rate, plus the Borrower on the Borrower Honor DateApplicable Rate for Base Rate Loans. If the Borrower fails to so reimburse such the L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Revolving Credit Lender’s Applicable Revolving Credit Percentage thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 2.03 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Loan Notice). Any notice given by an the L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i2.04(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided provided, however, that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 2 contracts
Samples: Credit Agreement (Meredith Corp), Credit Agreement (Meredith Corp)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the applicable Borrower and the Administrative Agent thereofthereof and whether such L/C Issuer has made or will make a payment thereunder. Not later than 10:00 a.m. on On the Business Day immediately following the Business Day on which the applicable Borrower shall have received notice of any Honor Date payment by an L/C Issuer under a Letter of Credit (or, if the applicable Borrower shall have received such notice later than 10:00 a.m. 9:00 a.m., New York City time (or, in the case of the Maltese Borrower, 9:00 a.m., London time), on any Business Day, on the second succeeding Business Day) (each the date of such datepayment by the L/C Issuer, a an “Honor Date”; and the date on which the applicable Borrower Honor is required to so reimburse, the “Reimbursement Date”), the applicable Borrower shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Datedrawing. If the applicable Borrower fails to so reimburse such L/C Issuer by such time, such L/C Issuer shall promptly notify the Administrative Agent thereof, and the Administrative Agent shall promptly notify each Revolving Credit Appropriate Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage Pro Rata Share thereof. In such event, (A) in the case of a Letter of Credit issued for the account of the German Borrower, such Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date date referred to in Section 2.03(c)(ii) in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, Loans but subject to the amount of limitation contained in the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, proviso in Section 2.01(a) and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Committed Loan Notice) and (B) in the case of a Letter of Credit issued for the account of the Maltese Borrower, such Borrower shall be deemed to have incurred an L/C Borrowing pursuant to Section 2.03(c)(iii). Any notice given by an L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 2 contracts
Samples: Credit Agreement (King Digital Entertainment PLC), Credit Agreement (King Digital Entertainment PLC)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 11:00 a.m. on the Business Day immediately following the Business Day on which the Borrower shall have received notice date of any Honor Date (or, if payment by the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) L/C Issuer under a Letter of Credit (each such date, a an “Borrower Honor Date”), the Borrower shall reimburse such the L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing drawing; provided, that, the Borrower has received notice of such payment by 10:00 a.m. on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by Date, otherwise the Borrower shall make such payment not later than 11:00 a.m. on the Borrower Honor Datefollowing Business Day (together with interest thereon). If the Borrower fails to so reimburse such the L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Committed Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Aggregate Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Committed Loan Notice) (it being understood and agreed that no Default or Event of Default caused solely by the Borrower’s failure to reimburse the L/C Issuer for any Unreimbursed Amount in accordance with the first sentence of this Section 2.03(c)(i) shall exist to the extent such Unreimbursed Amount is refinanced by a borrowing of Committed Loans in the amount of such Unreimbursed Amount pursuant to this Section 2.03(c)(i)). Any notice given by an the L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 2 contracts
Samples: Assignment and Assumption (Varian Medical Systems Inc), Assignment and Assumption (Varian Medical Systems Inc)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C such Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. on the Business Day immediately following the Business Day on which the Borrower shall have received notice date of any Honor Date (or, if the Borrower shall have received payment by such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) Issuer under a Letter of Credit (each such date, a an “Borrower Honor Date”), the Borrower shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing (in the case of a Letter of Credit denominated in an Alternative Currency, the Borrower shall reimburse the Issuer in the Dollar Equivalent of such Alternative Currency as determined by the Issuer); provided that such drawing may be reimbursed the following Business Day if the Borrower does not receive notice thereof prior to 10:00 a.m. on such Honor Date plus Business Day (but for the avoidance of doubt the amount of such drawing shall bear interest accruing at the rate applicable to Base Rate from Loans that are Revolving Credit Loans if not reimbursed on the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Date). If the Borrower fails to so reimburse such L/C Issuer by such time, upon receipt from such Issuer of notice of such failure, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage Pro Rata Share thereof. In such event, the Borrower shall be deemed to have requested a Borrowing of Revolving Credit Borrowing of Loans that are Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Aggregate Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b) (other than the delivery of a Borrowing Notice). Any notice given by an L/C such Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 2 contracts
Samples: Credit Agreement (Solutia Inc), Credit Agreement (Solutia Inc)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Revolver Agent thereof. Not later than 10:00 a.m. on On the Business Day immediately following the Business Day on which the Borrower shall have received notice of any Honor Date payment by an L/C Issuer under a Letter of Credit (or, if the Borrower shall have received such notice later than 10:00 a.m. 1:00 p.m. on any Business Day, on the second succeeding Business Day) (each such datedate of payment, a an “Borrower Honor Date”), the Borrower shall reimburse such L/C Issuer through the Administrative Revolver Agent in Dollars in an amount equal to the amount Dollar Equivalent of such drawing on such Honor Date plus interest accruing at using the Base Exchange Rate from the Honor Date in relation to the date of reimbursement by the Borrower Dollars in effect on the Borrower Honor Date. If the Borrower fails to so reimburse such L/C Issuer by on the Honor Date (or if any such timereimbursement payment is required to be refunded to the Borrower for any reason), then, in the case of each L/C Borrowing, the Administrative Revolver Agent shall promptly notify the applicable L/C Issuer and each Revolving Credit Appropriate Lender of the Honor Date, the amount of the unreimbursed drawing in Dollars (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage thereof. In the event that the Borrower does not reimburse the L/C Issuer on the Business Day following the date it receives notice of the Honor Date (or, if the Borrower shall have received such eventnotice later than 1:00 p.m. on any Business Day, on the second succeeding Business Day), the Borrower shall be deemed to have requested a Revolving Credit Borrowing denominated in Dollars of Base Rate Loans to be disbursed on the Borrower Honor Date such date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, Loans but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate LendersCommitments, and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Committed Loan Notice); provided that (x) prior to the Maturity Date with respect to the Tranche 1 Revolving Credit Facility, each such Revolving Credit Borrowing shall consist of both Tranche 1 Revolving Credit Loans and Tranche 2 Revolving Credit Loans ratably based on the respective amounts of Tranche 1 Revolving Credit Commitments and Tranche 2 Revolving Credit Commitments then in effect and (y) on and after the Maturity Date with respect to the Tranche 1 Revolving Credit Facility, each such Revolving Credit Borrowing shall consist of only Tranche 2 Revolving Credit Loans. Any notice given by an L/C Issuer or the Administrative Revolver Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice. For the avoidance of doubt, if any drawing occurs under a Letter of Credit and such drawing is not reimbursed on the same day, such drawing shall, without duplication, accrue interest at the rate applicable to Base Rate Loans under the Revolving Credit Facility until the date of reimbursement.
Appears in 2 contracts
Samples: Credit Agreement (Frontier Communications Parent, Inc.), Credit Agreement (Frontier Communications Parent, Inc.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer Issuing Bank shall promptly notify promptly the Borrower and the Administrative Agent thereofthereof and of the date the Issuing Bank proposes to pay such drawing. Not later than 10:00 a.m. on the Business Day immediately following the Business Day on which the Borrower shall have received notice of any Honor Date (or, if the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) (each such date, a “Borrower Honor Date”), the The Borrower shall reimburse such L/C Issuer the Issuing Bank through the Administrative Agent in an amount equal to the amount of any payment by the Issuing Bank under a Letter of Credit, which reimbursement shall be made, (x) if the Issuing Bank notifies the Borrower and the Administrative Agent of such drawing payment before 2:00 p.m. New York time on the Business Day immediately preceding the date of such payment (the date of such payment being, the “Honor Date plus interest accruing at Date”), then on the Base Rate from Honor Date, or (y) if the Issuing Bank notifies the Borrower and the Administrative Agent after 2:00 p.m. New York time on the Business Day immediately preceding the Honor Date to the date of reimbursement by the Borrower or any Business Day thereafter, then on the Borrower Honor DateBusiness Day immediately following such notice (with any notice received on or after 2:00 p.m. New York time on any day deemed to be received before 2:00 p.m. New York time on the next Business Day). If the Borrower fails to so reimburse such L/C Issuer the Issuing Bank by such timedate, the Administrative Agent shall promptly notify each Revolving Credit Lender Bank of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate LenderBank’s Applicable Revolving Credit Percentage Pro Rata Share thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date Loan in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 2.1(e) for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, Available Amount and subject to the conditions set forth in Section 4.02(b8.2 (other than the delivery of a Loan Notice). Any notice given by an L/C Issuer the Issuing Bank or the Administrative Agent pursuant to this Section 2.03(c)(i2.5(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 2 contracts
Samples: Revolving Loan Agreement (Kb Home), Revolving Loan Agreement (Kb Home)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such any Letter of Credit, the relevant applicable L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. on the Business Day immediately following the Business Day on which the Borrower shall have received notice of any Honor Date (or11:00 a.m., if the Borrower shall have received such notice later than 10:00 a.m. on any Business DayNew York time, on the second succeeding Business Day) date of any payment by an L/C Issuer under a Letter of Credit (each such date, a “Borrower an "Honor Date”"), the Borrower shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Datein Dollars in Same Day Funds. If the Borrower fails to so reimburse such L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “"Unreimbursed Amount”"), such Revolving Lender's Pro Rata Revolving Share thereof and, in accordance with the following sentence and Section 2.04(c)(ii), whether a Swing Line Borrowing or a Revolving Borrowing will be made to repay the Unreimbursed Amount or whether, pursuant to Section 2.04(c)(iii), an L/C Borrowing in the amount of the Unreimbursed Amount shall be deemed incurred by the Borrower and that each Revolving Lender shall participate in such Appropriate Lender’s Applicable L/C Borrowing in accordance with its Pro Rata Revolving Credit Percentage thereofShare. In such event, the Borrower shall be deemed to have requested a Swing Line Borrowing, without regard to the minimum and multiples and times of day for notice specified in Section 2.05, or, if the Unreimbursed Amount is greater than the amount available for Swing Line Borrowings under the Swing Line Sublimit, a Revolving Credit Borrowing Borrowing, without regard to the minimum and multiples and times of Base Rate Loans day for notice specified in Section 2.03, to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified but subject, in Section 2.02 for the principal amount of Base Rate Loanseach case, but subject to the amount of the unutilized portion of the Aggregate Revolving Credit Commitments of the Appropriate LendersCommitments, and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Revolving Loan Notice). Any notice given by an L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i2.04(c)(i) shall constitute a notice under Section 2.05(b) or a Revolving Loan Notice, respectively, and may be given by telephone if promptly confirmed in writing; provided that the lack of such an immediate prompt confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 2 contracts
Samples: Credit Agreement (Jarden Corp), Credit Agreement (Jarden Corp)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 11:00 a.m. on the first Business Day immediately following the Business Day on which any payment by an L/C Issuer under a Letter of Credit with notice to the Borrower shall have received notice of any Honor Date (or, if the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) (each such date, a an “Borrower Honor Date”), the Borrower shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing in Dollars; provided that if such reimbursement is not made on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by drawing, the Borrower shall pay interest to the relevant L/C Issuer on such amount at the rate applicable to Base Rate Loans (without duplication of interest payable on L/C Borrowings). The L/C Issuer shall notify the Borrower Honor Dateof the Dollar Amount of the drawing promptly following the determination or revaluation thereof. If the Borrower fails to so reimburse such L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Appropriate Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage Pro Rata Share or other applicable share provided for under this Agreement thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, Loans but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, Lenders and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Committed Loan Notice or the requirement that the Total Outstandings not exceed the Line Cap at such time). Any notice given by an L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 2 contracts
Samples: Abl Credit Agreement (Prestige Brands Holdings, Inc.), Abl Credit Agreement (Prestige Brands Holdings, Inc.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 11:00 a.m. on the Business Day immediately following the Business Day on which the Borrower shall have received notice date of any Honor Date (or, if payment by the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) L/C Issuer under a Letter of Credit (each such date, a “Borrower an "Honor Date”"), the Borrower shall reimburse such ---------- the L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Datedrawing. If the Borrower fails to so reimburse such the L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “"Unreimbursed ------------ Amount”"), and the amount of such Appropriate Lender’s 's Applicable Revolving Credit Percentage ------ thereof. In such event, and in lieu of the obligation of the Borrower to reimburse the L/C Issuer as provided in the immediately preceding sentence the Borrower shall be deemed to have requested a Revolving Credit Committed Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the conditions for extensions of credit in Section 4.02 or the minimum and ------------ multiples specified in Section 2.02 for the principal amount of Base ------------ Rate Loans, but subject to the amount of the unutilized portion of the Revolving Aggregate Commitments. If any Unreimbursed Amount is not fully refinanced by a Committed Borrowing of Base Rate Loans because a Committed Borrowing of Base Rate Loans cannot be made for any reason, then each Lender shall fund its participation interest in the unreimbursed drawing under such Letter of Credit Commitments promptly on notice from the Administrative Agent by making funds available to the Agent for the account of the Appropriate Lenders, and subject L/C Issuer at the Agent's Office in an amount equal to the conditions set forth in Section 4.02(b)such Lender's Applicable Percentage of such Unreimbursed Amount. Any notice given by an the L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately ------------------ confirmed in writing; provided that the lack of such an immediate -------- confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 2 contracts
Samples: Credit Agreement (Alexander & Baldwin Inc), Credit Agreement (Alexander & Baldwin Inc)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. on the Business Day immediately following the Business Day on which the Borrower shall have received notice of any Honor Date (or, if the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) (each such date, a “Borrower Honor Date”), the Borrower shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Date. If the Borrower fails to so reimburse such L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender under the applicable Revolving Credit Tranche of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Percentage under the applicable Revolving Credit Percentage TranchePercentage thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b). Any notice given by an L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 2 contracts
Samples: Credit Agreement (Nexstar Media Group, Inc.), Credit Agreement (Nexstar Media Group, Inc.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant applicable L/C Issuer shall notify promptly the Lead Borrower and the Administrative Agent thereof. Not later than 10:00 the later of (A) 11:00 a.m. on the date of any payment by the applicable L/C Issuer under a Letter of Credit (each such date, an “Honor Date”) or (B) 11:00 a.m. on the Business Day immediately following the Business Day on which date that notice is given pursuant to the Borrower shall have received notice of any Honor Date (or, if the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) (each such date, a “Borrower Honor Date”)immediately preceding sentence, the Lead Borrower shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Date(a “Drawing”). If the Lead Borrower fails to so reimburse such the applicable L/C Issuer by such time, such L/C Issuer shall notify the Administrative Agent who shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Revolving Credit Lender’s (x) Tranche 2 Applicable Adjusted Percentage of all Tranche 2 L/C Participations outstanding at such time (such Tranche 2 Revolving Credit Lender’s “Tranche 2 L/C Reimbursement Percentage”) and (y) Tranche 1 Applicable Adjusted Percentage thereofof all Tranche 1 L/C Participations outstanding at such time (such Tranche 1 Revolving Credit Lender’s “Tranche 1 L/C Reimbursement Percentage”). In such event, the Lead Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans (as a Tranche 2 Revolving Credit Borrowing (to the extent of the L/C Participations referred to in immediately preceding clause (x)) and as a Tranche 1 Revolving Credit Borrowing (to the extent of the L/C Participations referred to in immediately preceding clause (y)) to be disbursed on the Borrower Honor Date in an aggregate amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Tranche 1 Available Commitments of the Appropriate Lenders, and subject to Tranche 2 Available Commitments and the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Committed Loan Notice). Any notice given by an L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice. If an L/C Issuer shall make any Drawing, then, unless a Borrower shall have reimbursed such Drawing in full on the date such Drawing is made, the unpaid amount thereof shall bear interest payable on demand, for each day from and including the date such Drawing is made to and including the Honor Date, at the interest rate then in effect for Tranche 1 Base Rate Loans (to the extent the Letter of Credit giving rise to such Drawing is covered by Tranche 1 L/C Participations) and for Tranche 2 Base Rate Loans (to the extent the Letter of Credit giving rise to such Drawing is covered by Tranche 2 L/C Participations), and thereafter, at the rate per annum determined pursuant to Section 2.08(b) for Tranche 1 Base Rate Loans or Tranche 2 Base Rate Loans, as the case may be, until (but excluding) the date that Borrowers reimburse such Drawing. Interest accrued pursuant to the immediately preceding sentence shall be for the account of the applicable L/C Issuer, except that interest accrued on and after the date of payment by any Revolving Credit Lender pursuant to Section 2.03(c)(ii) or (iii) to reimburse the applicable L/C Issuer shall be for the account of such Revolving Credit Lender to the extent of such payment.
Appears in 2 contracts
Samples: Credit Agreement (Dominion Textile (Usa), L.L.C.), Credit Agreement (Dominion Textile (Usa), L.L.C.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C applicable LC Issuer shall notify promptly the Lead Borrower and the Administrative Agent thereofof such demand for payment and whether such LC 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 Borrowers of their obligation to reimburse such LC Issuer and the Lenders with respect to any such LC Disbursement. Not If an LC Issuer shall make an LC Disbursement, the Borrowers shall reimburse such LC Disbursement by paying to the Administrative Agent an amount equal to such LC Disbursement (each such amount so paid until reimbursed, an “Unpaid Drawing”) not later than 10:00 a.m. 12:00 noon on the Business Day immediately following the Business Day on which date the Lead Borrower shall have received receives the notice of any Honor Date (or, if from such LC Issuer as provided above. In the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) (each such date, a “Borrower Honor Date”), the Borrower shall reimburse such L/C Issuer through the event that Administrative Agent in an amount equal to the amount of does not receive such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Date. If the Borrower fails to so reimburse such L/C Issuer payment by such time, the except as Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Datemay otherwise agree, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage thereof. In such event, the Borrower Borrowers shall be deemed to have requested a Revolving Credit Committed Borrowing of Base Rate Loans to be immediately disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amountapplicable LC Disbursement, without regard to the minimum and multiples specified in Section 2.02 2.02(c) for the principal amount of Base Rate Loans, but subject Loans and without regard to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, and subject to whether the conditions set forth in Section 4.02(b)4.02 have been met. Any notice given by an L/C LC Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly confirmed in writing; provided that , provided, that, the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice. If LC Issuer shall make any LC Disbursement, unless the Borrowers shall reimburse such LC Disbursement in full on the date such LC Disbursement is made, the unpaid amount thereof shall bear interest at the interest rate applicable to Base Rate Loans, for each day from and including the date such LC Disbursement is made to but excluding the date that the Committed Loan is deemed made as provided above. Such interest accrued shall be for the account of the applicable LC Issuer.
Appears in 2 contracts
Samples: Credit Agreement (Supervalu Inc), Credit Agreement (Supervalu Inc)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant applicable L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. 1:00 p.m. on the Business Day immediately following the Business Day on which any payment by such L/C Issuer under a Letter of Credit, provided that the Borrower shall have received notice of any Honor Date (orsuch payment from such L/C Issuer or the Administrative Agent on or prior to 4:00 p.m. on the date of such payment, and if the Borrower shall have received such notice later than 10:00 a.m. on any Business Daynot, on the second succeeding Business Day) Day (each such date, a an “Borrower Honor Date”), the Borrower shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing drawing. Interest shall be payable on any such Honor Date plus interest accruing at the Base Rate amounts from the Honor Date date on which the relevant drawing is made until reimbursement in full at a rate equal to (i) until the second succeeding Business Day following the date of reimbursement by the Borrower on relevant notice, the Borrower Honor Dategreater of (A) the rate applicable to Base Rate Loans under the Revolving Credit Facility set forth in clause (x) of the definition of Applicable Rate and (B) the rate applicable to Base Rate Loans under any other Revolving Credit Facility then in effect and (ii) thereafter, the rate set forth in Section 2.07(b). If the Borrower fails to so reimburse such L/C Issuer by such time, such L/C Issuer shall promptly notify the Administrative Agent, and the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Revolving Credit Lender’s Applicable Revolving Credit Percentage thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, Commitment and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Committed Loan Notice); provided, however, that no Default or Event of Default shall result as a result of the Borrower failing to reimburse the relevant L/C Issuer to the extent of Revolving Credit Loans available to be provided pursuant to this Section 2.03(c) (and actually so provided). Any notice given by an any L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 2 contracts
Samples: Credit Agreement (NRG Yield, Inc.), Credit Agreement (NRG Yield, Inc.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 1:00 p.m. on the later of (i) the date of any payment by the L/C Issuer under a Letter of Credit and (ii)(A) the date upon which the Borrower receives notice from the L/C Issuer of such payment by the L/C Issuer, if such notice is received by the Borrower prior to 10:00 a.m. on a Business Day or (B) the Business Day immediately following the Business Day on date upon which the Borrower shall have received notice of any Honor Date (orsuch notice, if the Borrower shall have received such notice later than is received on a day that is not a Business Day or after 10:00 a.m. on any a Business Day, on the second succeeding Business Day) Day (each such date, a an “Borrower Honor Date”), the Borrower shall reimburse such the L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Datedrawing. If the Borrower fails to so reimburse such the L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Revolving Credit Lender’s Applicable Revolving Credit Percentage thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Committed Loan Notice). Any notice given by an the L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 2 contracts
Samples: Credit Agreement (MSCI Inc.), Credit Agreement (MSCI Inc.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. on On the Business Day immediately following the Business Day on which the Borrower shall have received notice of any Honor Date payment by an L/C Issuer under a Letter of Credit (or, if the Borrower shall have received such notice later than 10:00 a.m. 1:00 p.m. on any Business Day, on the second succeeding Business Day) (each such date, a an “Borrower Honor Date”), the Borrower shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing in Dollars by 1:00 p.m. on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor DateBusiness Day. If the Borrower fails to so reimburse such L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Revolving Credit Lender’s Applicable Percentage thereof under each Class of Revolving Credit Percentage thereofCommitments held by such Revolving Credit Lender. In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans under each Revolving Credit Facility to be disbursed on the Borrower Honor Date in an amount equal to the pro rata portion of the Unreimbursed AmountAmount allocable to such Revolving Credit Facility, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, Loans but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate LendersRevolving Credit Lenders under such Revolving Credit Facility, and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Committed Loan Notice); provided that any drawing under a Letter of Credit that is not reimbursed on the date of drawing shall accrue interest from the date of drawing at the rate applicable to Initial Revolving Credit Loans that are Base Rate Loans (or, to the extent of the participation in such drawing by any Revolving Credit Lender of another Class, the rate per annum then applicable to the Revolving Credit Loans of such Class) subject to the provisions set forth below. Any notice given by an L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 2 contracts
Samples: Credit Agreement (RingCentral, Inc.), Credit Agreement (RingCentral, Inc.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant Administrative Agent shall notify the Lead Borrower thereof; provided, however, that any failure to give or delay in giving such notice shall not relieve the Borrowers of their obligation to reimburse the L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereofLenders with respect to any such payment. Not later than 10:00 11:00 a.m. on the Business Day immediately following the Business Day on which the Borrower shall have received notice date of any Honor Date (or, if payment by the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) L/C Issuer under a Letter of Credit (each such date, a an “Borrower Honor Date”), the Borrower Borrowers shall reimburse such the L/C Issuer through the Administrative Agent on the same day in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at drawing, less the Base Rate from the Honor Date to the date amount of reimbursement any funds withdrawn by the Borrower on L/C Issuer from account number 0000000000, maintained at Xxxxx Fargo Bank (or such other account maintained at Xxxxx Fargo Bank as the Borrower Honor DateBorrowers shall designate from time to time in writing), that the L/C Issuer used to repay such drawing, provided, that the Administrative Agent has received written notice of such withdrawal and the amount thereof. If the Borrower fails Borrowers fail to so fully reimburse such the L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage thereof. In such event, the Borrower Borrowers shall be deemed to have requested a Revolving Credit Committed Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Aggregate Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Committed Loan Notice). Any notice given by an the L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such noticeelectronic means.
Appears in 2 contracts
Samples: Credit Agreement (Coldwater Creek Inc), Credit Agreement (Coldwater Creek Inc)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the applicable Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. on On the Business Day immediately following the Business Day on which the applicable Borrower shall have received notice of any Honor Date payment by an L/C Issuer under a Letter of Credit (or, if the applicable Borrower shall have received such notice later than 10:00 a.m. 1:00 p.m. on any Business Day, on the second succeeding Business Day) (each such date, a an “Borrower Honor Date”), the applicable Borrower shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Datedrawing. If the applicable Borrower fails to so reimburse such L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Appropriate Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage Pro Rata Share thereof. In such event, the applicable Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, Loans but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Committed Loan Notice). Any notice given by an L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 2 contracts
Samples: Abl Credit Agreement (Cole Haan, Inc.), Abl Credit Agreement (Cole Haan, Inc.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. on the Business Day immediately following the Business Day on which the Borrower shall have received notice of any Honor Date (or, if the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) (each such date, a “Borrower Honor Date”), the Borrower shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Date. If the Borrower fails to so reimburse such L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender under the applicable Revolving Credit Tranche of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Percentage under the applicable Revolving Credit Percentage TranchePercentage thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b). Any notice given by an L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice. Each Revolving Credit Lender under the applicable Revolving Credit Tranche (including any such Lender acting as an L/C Issuer) shall upon any notice pursuant to Section 2.03(c)(i) make funds available (and the Administrative Agent may apply Cash Collateral provided for this purpose) for the account of the relevant L/C Issuer at the Administrative Agent’s Office in an amount equal to its Applicable Percentage of the applicable Revolving Credit TranchePercentage of the Unreimbursed Amount in respect of a Letter of Credit not later than 12:00 noon on the Business Day specified in such notice by the Administrative Agent, whereupon, subject to the provisions of Section 2.03(c)(iii), each Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Loan to the Borrower in such amount. The Administrative Agent shall remit the funds so received to the relevant L/C Issuer. With respect to any Unreimbursed Amount in respect of a Letter of Credit that is not fully refinanced by a Revolving Credit Borrowing of Base Rate Loans because the conditions set forth in Section 4.02 cannot be satisfied or for any other reason, the Borrower shall be deemed to have incurred from the relevant L/C Issuer an L/C Borrowing in the amount of the Unreimbursed Amount that is not so refinanced, which L/C Borrowing shall be due and payable on demand (together with interest) and shall bear interest at the Default Rate. In such event, the payment of each Revolving Credit Lender under the applicable Revolving Credit TrancheLender’s payment to the Administrative Agent for the account of the relevant L/C Issuer pursuant to Section 2.03(c)(ii) shall be deemed payment in respect of its participation in such L/C Borrowing and shall constitute an L/C Advance from such Lender in satisfaction of its participation obligation under this Section 2.03. Until each Revolving Credit Lender under the applicable Revolving Credit Tranche funds its Revolving Credit Loan or L/C Advance pursuant to this Section 2.03(c) to reimburse the relevant L/C Issuer for any amount drawn under any Letter of Credit, interest in respect of such Lender’s Applicable Percentage of the applicable Revolving Credit TranchePercentage of such amount shall be solely for the account of the relevant L/C Issuer. The obligation of eachEach Revolving Credit Lender under the applicable Revolving Credit TrancheLender’s obligation to make Revolving Credit Loans or L/C Advances to reimburse an L/C Issuer for amounts drawn under Letters of Credit, as contemplated by this Section 2.03(c), shall be absolute and unconditional and shall not be affected by any circumstance, including (A) any setoff, counterclaim, recoupment, defense or other right which such Lender may have against the relevant L/C Issuer, the Borrower or any other Person for any reason whatsoever, (B) the occurrence or continuance of a Default, or (C) any other occurrence, event or condition, whether or not similar to any of the foregoing; provided, however, that the obligation of each Revolving Credit Lender under the applicable Revolving Credit TrancheLender’s obligation to make Revolving Credit Loans (but not L/C Advances) pursuant to this Section 2.03(c) is subject to the conditions set forth in Section 4.02 (other than delivery by the Borrower of a Loan Notice). No such making of an L/C Advance shall relieve or otherwise impair the obligation of the Borrower to reimburse the relevant L/C Issuer for the amount of any payment made by such L/C Issuer under any Letter of Credit, together with interest as provided herein. If any Revolving Credit Lender under the applicable Revolving Credit Tranche fails to make available to the Administrative Agent for the account of the relevant L/C Issuer any amount required to be paid by such Lender pursuant to the foregoing provisions of this Section 2.03(c) by the time specified in Section 2.03(c)(ii), then, without limiting the other provisions of this Agreement, such L/C Issuer shall be entitled to recover from such Lender (acting through the Administrative Agent), on demand, such amount with interest thereon for the period from the date such payment is required to the date on which such payment is immediately available to such L/C Issuer at a rate per annum equal to the applicable Overnight Rate then in effect, plus any administrative, processing or similar fees customarily charged by such L/C Issuer in connection with the foregoing. If such Lender pays such amount (with interest and fees as aforesaid), the amount so paid shall constitute such Lender’s Loan included in the relevant Borrowing or L/C Advance in respect of the relevant L/C Borrowing, as the case may be. A certificate of the relevant L/C Issuer submitted to any Revolving Credit Lender (through the Administrative Agent) with respect to any amounts owing under this clause (vi) shall be conclusive absent demonstrable error.
Appears in 2 contracts
Samples: Credit Agreement (Nexstar Media Group, Inc.), Credit Agreement (Nexstar Media Group, Inc.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C LC Issuer shall notify promptly the Lead Borrower and the Administrative Agent thereof; provided, however, that any failure to give or delay in giving such notice shall not relieve the Borrowers of their obligation to reimburse the LC Issuer and the Revolving Lenders with respect to any such payment. Not later than 10:00 11:00 a.m. on the Business Day immediately following the Business Day on which the Borrower shall have received notice date of any Honor Date (or, if payment by the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) LC Issuer under a Letter of Credit (each such date, a an “Borrower Honor Date”), the Borrower Borrowers shall reimburse such L/C the LC Issuer through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Datedrawing. If the Borrower fails Borrowers fail to so reimburse such L/C the LC Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Revolving Lender’s Applicable Revolving Credit Percentage in respect thereof. In such event, the Borrower Borrowers shall be deemed to have requested a Committed Borrowing under the Revolving Credit Borrowing Facility of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Aggregate Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Committed Loan Notice). Any notice given by an L/C the LC Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided provided, that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 2 contracts
Samples: Credit Agreement (Barnes & Noble Inc), Credit Agreement (Barnes & Noble Inc)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Facility A Letter of Credit of any compliant notice of a drawing under such Facility A Letter of Credit, the relevant applicable Facility A L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereofthereof (such notification provided by a Facility A L/C Issuer to the Borrower and the Administrative Agent being referred to herein as a “Facility A L/C Draw Notice”). Not later than 10:00 If a Facility A L/C Draw Notice with respect to a Facility A Letter of Credit is received by the Borrower (x) on or prior to 11:00 a.m. on the Business Day immediately following the Business Day on which the Borrower shall have received notice date of any Honor Date (or, if the Borrower shall have received payment by such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) Facility A L/C Issuer under a Facility A Letter of Credit (each such date, a “Borrower Facility A L/C Honor Date”), then, not later than 1:00 p.m. on the Facility A L/C Honor Date, the Borrower shall reimburse such Facility A L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing or (y) after 11:00 a.m. on the Facility A L/C Honor Date, then, not later than 11:00 a.m. on the first Business Day following the Facility A L/C Honor Date, the Borrower shall reimburse the Facility A L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing (such date on which the Borrower, pursuant to clauses (x) and (y) of this sentence, is required to reimburse the Facility A L/C Issuer for a drawing under a Facility A Letter of Credit is referred to herein as the “Facility A L/C Reimbursement Date”); provided, however, that if the Facility A L/C Reimbursement Date for a drawing under a Facility A Letter of Credit is the Business Day following the Facility A L/C Honor Date plus pursuant to clause (y) of this sentence, the Facility A Unreimbursed Amount shall accrue interest accruing from and including the Facility A L/C Honor Date until such time as the Facility A L/C Issuer is reimbursed in full therefor (whether through payment by the Borrower and/or through a Committed Revolving A Credit Loan or Facility A L/C Borrowing made in accordance with paragraph (ii) or (iii) of this Section 2.04(c)) at a rate equal to (A) for the Base Rate period from and including the Facility A L/C Honor Date to but excluding the date first Business Day to occur thereafter, the rate of reimbursement interest then applicable to a Revolving A Credit Loan that is a Base Rate Loan and (B) thereafter, at the Default Rate applicable to a Revolving A Credit Loan that is a Base Rate Loan. Interest accruing on the Facility A Unreimbursed Amount pursuant to the proviso to the immediately preceding sentence shall be payable by the Borrower on upon demand to the Borrower Honor DateAdministrative Agent, solely for the account of the applicable Facility A L/C Issuer. If the Borrower fails to so reimburse such the applicable Facility A L/C Issuer by such timefor the full amount of the Facility A Unreimbursed Amount in accordance with the preceding sentence on the applicable L/C Reimbursement Date, the Administrative Agent shall promptly notify each Revolving Credit A Lender that a payment was made on the Facility A Letter of Credit, the Facility A L/C Honor Date, the Facility A L/C Reimbursement Date (if different from the Facility A L/C Honor Date), the amount of the unreimbursed drawing (the “Facility A Unreimbursed Amount”), and the amount of such Appropriate Revolving A Lender’s Applicable Revolving A Credit Percentage thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit A Committed Borrowing of Base Rate Loans to be disbursed on the Borrower Facility A L/C Honor Date in an amount equal to the Facility A Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving A Credit Commitments of the Appropriate Lenders, Facility and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Committed Loan Notice). Any notice given by an a Facility A L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i2.04(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 2 contracts
Samples: Credit Agreement (Paramount Group, Inc.), Credit Agreement (Paramount Group, Inc.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer that issued such Letter of Credit shall notify promptly the Borrower Borrowers and the Administrative Agent thereof. Not later than 10:00 a.m. 2:00 p.m. on the Business Day immediately following the Business Day on which the Borrower shall have received notice date of any payment by an L/C Issuer under a Letter of Credit (each such date, an “Honor Date Date”) (or, if the Borrower shall have received Borrowers were notified of such notice drawing on or after the Honor Date, not later than 10:00 a.m. 5:00 p.m. on any the following Business Day, on the second succeeding Business Day) (each such date, a “Borrower Honor Date”), the Borrower Borrowers shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on (unless the Borrowers elect to reimburse such Honor Date plus interest accruing at L/C Issuer through a Revolving Loan, in which case, the Base Rate from the Honor Date Borrower shall submit a Revolving/Term Loan Notice to the date Administrative Agent as provided in Section 2.02(a) in an amount equal to the unreimbursed drawing (the “Unreimbursed Amount”) (without regard to the minimum and multiples specified in Section 2.02(a)) but subject to the amount of reimbursement by the Borrower on unutilized portion of the Borrower Honor DateAggregate Revolving Credit Commitments and the other conditions set forth in Section 4.02). If the Borrower fails Borrowers fail to so reimburse such L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Revolving Credit Lender’s Applicable Revolving Credit Percentage thereof. In thereof and in such event, the Borrower Borrowers shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 2.02(a) for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Aggregate Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Revolving/Term Loan Notice). Any notice given by the Borrowers, an L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly confirmed in writing; provided that the lack of such an immediate a prompt confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 2 contracts
Samples: Senior Secured Credit Agreement (Aimco Properties L.P.), Senior Secured Credit Agreement (Aimco Properties L.P.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 11:00 a.m. on the Business Day immediately following the Business Day on which the Borrower shall have received notice date of any Honor Date (or, if payment by the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) L/C Issuer under a Letter of Credit (each such date, a an “Borrower Honor Date”), the Borrower shall reimburse such the L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Datedrawing. If the Borrower fails to so reimburse such the L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Revolving Credit Lender’s Applicable Revolving Credit Percentage thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Committed Loan Notice). Any notice given by an the L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice. Each Revolving Credit Lender shall upon any notice pursuant to Section 2.03(c)(i) make funds available to the Administrative Agent for the account of the L/C Issuer at the Administrative Agent’s Office in an amount equal to its Applicable Revolving Credit Percentage of the Unreimbursed Amount not later than 1:00 p.m. on the Business Day specified in such notice by the Administrative Agent, whereupon, subject to the provisions of Section 2.03(c)(iii), each Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Loan to the Borrower in such amount. The Administrative Agent shall remit the funds so received to the L/C Issuer. With respect to any Unreimbursed Amount that is not fully refinanced by a Revolving Credit Borrowing of Base Rate Loans because the conditions set forth in Section 4.02 cannot be satisfied or for any other reason, the Borrower shall be deemed to have incurred from the L/C Issuer an L/C Borrowing in the amount of the Unreimbursed Amount that is not so refinanced, which L/C Borrowing shall be due and payable on demand (together with interest) and shall bear interest at the Default Rate. In such event, each Revolving Credit Lender’s payment to the Administrative Agent for the account of the L/C Issuer pursuant to Section 2.03(c)(ii) shall be deemed payment in respect of its participation in such L/C Borrowing and shall constitute an L/C Advance from such Lender in satisfaction of its participation obligation under this Section 2.03. Until each Revolving Credit Lender funds its Revolving Credit Loan or L/C Advance pursuant to this Section 2.03(c) to reimburse the L/C Issuer for any amount drawn under any Letter of Credit, interest in respect of such Lender’s Applicable Revolving Credit Percentage of such amount shall be solely for the account of the L/C Issuer. Each Revolving Credit Lender’s obligation to make Revolving Credit Loans or L/C Advances to reimburse the L/C Issuer for amounts drawn under Letters of Credit, as contemplated by this Section 2.03(c), shall be absolute and unconditional and shall not be affected by any circumstance, including (A) any setoff, counterclaim, recoupment, defense or other right which such Lender may have against the L/C Issuer, the Borrower or any other Person for any reason whatsoever; (B) the occurrence or continuance of a Default, or (C) any other occurrence, event or condition, whether or not similar to any of the foregoing; provided, however, that each Revolving Credit Lender’s obligation to make Revolving Credit Loans pursuant to this Section 2.03(c) is subject to the conditions set forth in Section 4.02 (other than delivery by the Borrower of a Committed Loan Notice). No such making of an L/C Advance shall relieve or otherwise impair the obligation of the Borrower to reimburse the L/C Issuer for the amount of any payment made by the L/C Issuer under any Letter of Credit, together with interest as provided herein. If any Revolving Credit Lender fails to make available to the Administrative Agent for the account of the L/C Issuer any amount required to be paid by such Lender pursuant to the foregoing provisions of this Section 2.03(c) by the time specified in Section 2.03(c)(ii), then, without limiting the other provisions of this Agreement, the L/C Issuer shall be entitled to recover from such Lender (acting through the Administrative Agent), on demand, such amount with interest thereon for the period from the date such payment is required to the date on which such payment is immediately available to the L/C Issuer at a rate per annum equal to the greater of the Federal Funds Rate and a rate determined by the L/C Issuer in accordance with banking industry rules on interbank compensation, plus any administrative, processing or similar fees customarily charged by the L/C Issuer in connection with the foregoing. If such Lender pays such amount (with interest and fees as aforesaid), the amount so paid shall constitute such Lender’s Revolving Credit Loan included in the relevant Revolving Credit Borrowing or L/C Advance in respect of the relevant L/C Borrowing, as the case may be. A certificate of the L/C Issuer submitted to any Revolving Credit Lender (through the Administrative Agent) with respect to any amounts owing under this Section 2.03(c)(vi) shall be conclusive absent manifest error. If the L/C Issuer shall make any payment or disbursement pursuant to a drawing under a Letter of Credit, then, (x) the unpaid amount thereof shall bear interest, for each day from and including the date such payment or disbursement is made to but excluding the Honor Date, at the Applicable Rate for Revolving Credit Loans that are Base Rate Loans, and (y) unless the Borrower shall reimburse such payment or disbursement in full on the Honor Date, the unpaid amount thereof shall bear interest payable on demand, for each day from and including the Honor Date to but excluding the date that the Borrower reimburses such payment or disbursement, at the rate per annum determined pursuant to Section 2.08(b). Interest accrued pursuant to this paragraph shall be for the account of the L/C Issuer, except that interest accrued on and after the date of payment by any Revolving Credit Lender pursuant to this Section 2.03(c) to reimburse the L/C Issuer shall be for the account of such Lender to the extent of such payment.
Appears in 1 contract
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer promptly shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. on the Business Day immediately following On the Business Day on which the Borrower shall have received notice of any Honor Date (payment by the L/C Issuer under a Letter of Credit or, if the Borrower shall have received such notice later than 10:00 a.m. 12:00 p.m. on any Business Day, on the second succeeding Business Day (such applicable Business Day) (each such date, a the “Borrower L/C Honor Date”), the Borrower shall (regardless of whether or not such Letter of Credit shall be for the sole account of the Borrower or for the joint account of the Borrower and any Subsidiary) reimburse such the L/C Issuer through the Administrative Agent in an amount equal to such drawing in Dollars; provided that if the amount of such Letter of Credit drawing on such Honor Date plus interest accruing at is not less than $1,000,000, the Base Rate from the Honor Date Borrower may, subject to the date conditions to borrowing set forth herein, request in accordance with Section 2.2 that such payment be financed with a Borrowing of reimbursement ABR Loans in an equivalent amount and, to the extent so financed, the Borrower’s obligation to reimburse the L/C Issuer shall be discharged and replaced by the Borrower on the Borrower Honor Dateresulting Borrowing of ABR Loans. If the Borrower fails to so reimburse such the L/C Issuer by on the L/C Honor Date (or if any such timereimbursement payment is required to be refunded to the Borrower for any reason), then the Administrative Agent shall promptly notify each Revolving Credit Lender of the L/C Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Revolving Lender’s Applicable Revolving Credit Percentage thereof. In such event, the Borrower Such Revolving Loans shall be deemed to have requested a made by the Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, Lenders without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b)Borrowing Minimums. Any notice given by an the L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i2.4(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 1 contract
Samples: Credit Agreement (Cantor Fitzgerald Income Trust, Inc.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing or, with respect to any Acceptance Credit, presentation of documents under such Letter of Credit, or any presentation for payment of a Bankers’ Acceptance, the relevant L/C C-BA Issuer shall notify promptly the Borrower Borrowing Agent (for itself and the applicable Borrower) and the Administrative Agent thereof. Not later than 10:00 a.m. 12:00 noon on the Business Day immediately following the Business Day on which the Borrower shall have received notice date of any Honor Date (or, if the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) payment by an L/C-BA Issuer under a Letter of Credit or Bankers’ Acceptance (each such date, a an “Borrower Honor Date”), the applicable Borrower shall reimburse such the L/C C-BA Issuer through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at or Bankers’ Acceptance, as applicable; provided, however, that WFS Europe and WFS Singapore shall have no reimbursement obligations in connection with Letters of Credit or Bankers’ Acceptances issued solely for the Base Rate from the Honor Date to the date account of reimbursement by the Borrower on the Borrower Honor DateWFS or any Domestic Subsidiary. If the applicable Borrower fails to so reimburse such the L/C C-BA Issuer by such time, the L/C-BA Issuer shall promptly notify the Administrative Agent thereof, and the Administrative Agent shall promptly thereafter notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage thereof. In such event, the Borrower Borrowing Agent shall be deemed to have requested on behalf of such applicable Borrower a Revolving Credit Committed Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Aggregate Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Committed Loan Notice). Any notice given by an the L/C C-BA Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i2.03(d)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 1 contract
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such any Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower Borrowers and the Administrative Agent thereof. Not later than 10:00 a.m. To the extent such notice is provided (A) prior to 12:00 noon on the Business Day immediately following the Business Day on which the Borrower shall have received notice date of any Honor Date (or, if payment by the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) L/C Issuer under a Letter of Credit (each such date, a an “Borrower Honor Date”), the Parent Borrower shall reimburse such the L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date and (B) following 12:00 noon on the Honor Date, the Parent Borrower shall reimburse the L/C Issuer through the Administrative Agent in an amount equal to the date amount of reimbursement such drawing by the Borrower not later than 11:00 a.m. on the Borrower Business Day immediately following the Honor Date. If the Parent Borrower fails to so reimburse such the L/C Issuer by such time, the Administrative Agent shall promptly shall, no later than 1:00 p.m. on the date the Administrative Agent requests the Dollar Tranche Lenders to make funds available pursuant to this Section 2.03(c)(i), notify each Revolving Credit Dollar Tranche Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Dollar Tranche Lender’s Applicable Revolving Credit Dollar Tranche Commitment Percentage thereof. In such event, the Parent Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Aggregate Dollar Tranche Commitments of the Appropriate Lenders, and subject to or the conditions set forth in Section 4.02(b)4.02. Any notice given by an the L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 1 contract
Drawings and Reimbursements; Funding of Participations. (i) %4. Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower Representative and the Administrative Agent thereof. Not later than 10:00 a.m. 1:00 p.m., on the first Business Day immediately following the Business Day on which any payment by an L/C Issuer under a Letter of Credit, with written notice to the Borrower shall have received notice of any Honor Date (or, if the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) Representative (each such date, a an “Borrower Honor Date”), the Borrower Borrowers shall be jointly and severally liable to reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing in Dollars; provided that if such reimbursement is not made on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by drawing, the Borrowers shall pay interest to the relevant L/C Issuer on such amount at the rate applicable to ABR Loans (without duplication of interest payable on L/C Borrowings). The applicable L/C Issuer shall notify the Borrower on Representative in writing of the Borrower Honor Dateamount of the drawing promptly following the determination thereof. If the Borrower Borrowers fails to so reimburse such L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Appropriate Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), ) and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage Pro Rata Share or other applicable share provided for under this Agreement thereof. In such event, the Borrower Representative shall be deemed to have requested a Revolving Credit Borrowing of Base Rate ABR Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, ABR Loans but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, Lenders and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Committed Loan Notice). Any notice given by an L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 1 contract
Samples: Credit Agreement (Blucora, Inc.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit Credit, or (as the case may be) from the L/C Substitute Issuer, of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. 2:00 p.m. (Eastern Time) on the Business Day immediately following the Business Day on which the Borrower shall have received notice date of any Honor Date payment by the L/C Issuer or (or, if as the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on case may be) by the second succeeding Business Day) L/C Substitute Issuer with respect to a Letter of Credit (each such date, a an “Borrower L/C Honor Date”), the Borrower shall reimburse such the L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Datedrawing. If the Borrower fails to so reimburse such the L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the L/C Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Revolving Lender’s Applicable Revolving Credit Percentage thereof. In such event, the Borrower shall be deemed to have timely requested a Borrowing of Revolving Credit Borrowing of Loans that are Base Rate Loans to be disbursed on the Borrower L/C Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 2.02(b) for the principal amount of Base Rate LoansBorrowings, but subject to the amount of the unutilized portion of the Revolving Credit Commitments after giving effect to such Borrowings and the immediate payment of the Appropriate LendersUnreimbursed Amount, and subject to the conditions set forth in Section 4.02(bArticle IV (other than the delivery of a Borrowing Request). Any notice given by an the L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided provided, however, that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 1 contract
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer applicable Issuing Bank shall notify promptly the Applicableapplicable Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. on Following any payment by the Business Day immediately following the Business Day on which the Borrower shall have received notice applicable Issuing Bank under a Letter of any Honor Date (or, if the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) Credit (each date of such datea payment, a an “Borrower Honor Date”), the Applicableapplicable Borrower shall reimburse such L/C Issuer Issuing Bank through the Administrative Agent in an amount equal to the amount of such drawing on or, in the case of a Letter of Credit denominated in a Committed Currency, the Equivalent of the amount of such Honor Date plus drawing in Dollars (together with interest accruing thereon at the rate set forth in Section 2.07 for Revolving Credit Advances bearing interest at the Base Rate from Rate), such reimbursement to be made not later than 11:00 a.m. (New York City time) on the Honor Date to or the earliest succeeding Business Day on which the Applicableapplicable Borrower receives notice of such payment; provided that if such notice is received later than 10:00 a.m. (New York City time) on such date of receipt, the reimbursement by the Borrower shall be due not later than 11:00 a.m. (New York City time) on the Borrower Honor DateBusiness Day immediately succeeding the Business Day of receipt thereof. If the Applicableapplicable Borrower fails to so reimburse such L/C Issuer the applicable Issuing Bank by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage Xxxxxx’s Pro Rata Share thereof. In such event, the Applicableapplicable Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to to, and in the same currency as, the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 2.01 for the principal amount of Base Rate LoansBorrowings, but subject to the amount of the unutilized portion of the Unused Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b3.02 (other than the delivery of a Notice of Borrowing). Any notice given by an L/C Issuer Issuing Bank or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 1 contract
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. 12:00 noon on the Business Day immediately following the Business Day on which the Borrower shall have received notice date of any Honor Date (or, if payment by the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) L/C Issuer under a Letter of Credit (each such date, a an “Borrower Honor Date”), the Borrower shall reimburse such the L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing; provided that, if the Borrower is not notified of a drawing under a Letter of Credit by 10:00 a.m. on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by such drawing, then the Borrower shall instead be required to make such reimbursement on the Borrower Honor DateBusiness Day following such drawing. If the Borrower fails to so reimburse such the L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Committed Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Aggregate Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Committed Loan Notice). Any notice given by an the L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i2.04(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice. No later than the fifth Business Day of each month, each L/C Issuer shall provide a written report to the Administrative Agent as to the stated amount of any Letters of Credit issued by such L/C Issuer during the preceding month, the dates and amounts of each draw under any outstanding Letters of Credit during such month and the dates and amounts of each reimbursement made by the Borrower during such month.
Appears in 1 contract
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing or, with respect to any Acceptance Credit, presentation of documents, under such Letter of Credit, or any presentation for payment of a Bankers’ Acceptance, the relevant L/C Issuer shall notify promptly the Borrower Company and the Administrative Agent thereof. Not later than 12:00 noon on the date of any payment by the L/C Issuer under a Letter of Credit or Bankers’ Acceptance (provided the Company received notice thereof prior to 10:00 a.m. on the Business Day immediately following the Business Day on which the Borrower shall have received notice of any Honor Date (or, if the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) (date; each such date, a an “Borrower Honor Date”), the Borrower Company shall reimburse such the L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing or Bankers’ Acceptance, as applicable; and, if notice of drawing is not received by 10:00 a.m. on such Honor Date plus interest accruing at date, the Base Rate from Company shall reimburse the Honor Date to L/C Issuer through the date of reimbursement by the Borrower Administrative Agent on the Borrower Honor Datenext Business Day. If the Borrower Company fails to so reimburse such the L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing or payment (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage thereof. In such event, the Borrower Company shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Aggregate Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Loan Notice). Any notice given by an the L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 1 contract
Samples: Credit Agreement (Power One Inc)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit Credit, or (as the case may be) from the L/C Substitute Issuer, of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Lead Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. 2:00 p.m. on the Business Day immediately following the Business Day on which the Borrower shall have received notice date of any Honor Date payment by the L/C Issuer or (or, if as the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on case may be) by the second succeeding Business Day) L/C Substitute Issuer with respect to a Letter of Credit (each such date, a an “Borrower L/C Honor Date”), the Lead Borrower shall reimburse such the L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Datedrawing. If the Lead Borrower fails to so reimburse such the L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the L/C Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Revolving Lender’s Applicable Revolving Credit Percentage thereof. In such event, the applicable Borrower shall be deemed to have requested a Borrowing of Revolving Credit Borrowing of Loans that are Base Rate Loans to be disbursed on the Borrower L/C Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 2.02(b) for the principal amount of Base Rate LoansBorrowings, but subject to the amount of the unutilized portion of the Revolving Credit Commitments after giving effect to such Borrowings and the immediate payment of the Appropriate LendersUnreimbursed Amount, and subject to the conditions set forth in Section 4.02(bArticle V (other than the delivery of a Borrowing Request). Any notice given by an the L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided provided, however, that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 1 contract
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower Borrowers and the Administrative Agent thereof. Not later than 10:00 a.m. on On the Business Day immediately following the Business Day on which the Borrower Borrowers shall have received notice of any Honor Date payment by an L/C Issuer under a Letter of Credit (or, if the Borrower Borrowers shall have received such notice later than 10:00 a.m. 5:00 p.m., New York City time, on any Business Day, on the second succeeding Business Day) (each such date, a an “Borrower Honor Date”), the Borrower Borrowers shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Datedrawing. If the Borrower fails Borrowers fail to so reimburse such L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Appropriate Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage thereof. In such event, the Borrower Borrowers shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, Loans but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Committed Loan Notice). Any notice given by an L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.. (ii) Each Revolving Credit Lender (including any such Lender acting as an L/C Issuer) shall upon any notice pursuant to Section 2.03(c)(i) make funds available to the Administrative Agent for the account of the relevant L/C Issuer at the Administrative Agent’s Office for payments in an amount equal to its Applicable Percentage of any Unreimbursed Amount in respect of a Letter of Credit not later than 1:00 p.m., New York City time, on (x) if such notice is receive at or prior to 11:00 a.m., New York City time, the Business Day specified in such notice by the Administrative Agent or (y) if such notice is received after 11:00 a.m., New York City time, the Business Day following the Business Day specified in such notice by the Administrative Agent, whereupon, subject to the provisions of Section 2.04(c)(iii), each Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Loan to the Borrowers in such amount. The Administrative Agent shall remit the funds so received to the relevant L/C Issuer. (iii) With respect to any Unreimbursed Amount in respect of a Letter of Credit that is not fully refinanced by a Revolving Credit Borrowing of Base Rate Loans because the conditions set forth in Section 4.02 cannot be satisfied or for any other reason, the Borrowers shall be deemed to have incurred from the relevant L/C Issuer an L/C Borrowing in the amount of the Unreimbursed Amount that is not so refinanced, which L/C Borrowing shall be due and payable on demand (together with interest) and shall bear interest at the Default Rate. In such event, each Revolving Credit Lender’s payment to the Administrative Agent for the account of the relevant L/C Issuer pursuant to Section 2.03(c)(ii) shall be deemed payment in respect of its 80
Appears in 1 contract
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 11:00 a.m. on the Business Day immediately following the Business Day on which the Borrower shall have received notice date of any Honor Date (or, if payment by the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) L/C Issuer under a Letter of Credit (each such date, a an “Borrower Honor Date”), the Borrower shall reimburse such the L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Datedrawing. If the Borrower fails to so reimburse such the L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Commitment Percentage thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 2.2 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b)5.2 (other than the delivery of a Loan Notice) and provided that, after giving effect to such Borrowing, the aggregate principal amount of the Revolving Obligations shall not exceed the Aggregate Revolving Commitments. If the Unreimbursed Amount is repaid in full on the Honor Date by a Borrowing of Base Rate Loans, then no Default or Event of Default shall be deemed to exist as a result of the failure of the Borrower to so reimburse the L/C Issuer with other funds. Any notice given by an the L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i2.3(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 1 contract
Samples: Credit Agreement (Advance America, Cash Advance Centers, Inc.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower Company and the Administrative Agent thereof. Not later than 10:00 11:00 a.m. on the Business Day immediately following the Business Day on which the Borrower shall have received notice any payment by an L/C Issuer under a Letter of any Honor Date (or, if the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) Credit (each such date, a an “Borrower Honor Date”), the Borrower Company shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing drawing; provided that if such reimbursement is not made on the respective date of payment by the L/C Issuer, the Company shall pay interest on such Honor Date plus interest accruing amount at a rate per annum equal to the Applicable Rate then in effect in respect of Base Rate Loans from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor Datesuch payment until such Business Day. If the Borrower Company fails to so reimburse such L/C Issuer by such time, unless the Company shall have notified the Administrative Agent shall promptly notify each Revolving Credit Lender of and the relevant L/C Issuer prior to 11:00 a.m. on the Honor Date, Date that the Company intends to reimburse the L/C Issuer for the amount of the unreimbursed drawing (the “Unreimbursed Amount”)) with funds other than proceeds of Revolving Credit Loans, the Administrative Agent shall promptly notify each Appropriate Lender of the Honor Date, the Unreimbursed Amount, and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage Pro Rata Share thereof. In such event, the Borrower Company shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, Loans but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, Lenders and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Loan Notice). Any notice given by an L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 1 contract
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall promptly notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. 1:00 p.m. on the Business Day immediately following the Business Day on which the Borrower shall have received notice date of any Honor Date payment by the L/C Issuer under a Letter of Credit (or, if such payment by the Borrower shall have received such notice L/C Issuer is made after 1:00 p.m., not later than 10:00 9:00 a.m. on any Business Day, on the second next succeeding Business Day) (each such date, a an “Borrower Honor Date”), the Borrower Loan Parties shall reimburse such the L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on or shall reimburse the Administrative Agent in respect of any payment under the L/C Guaranty issued in respect of such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date Letter of reimbursement by the Borrower on the Borrower Honor DateCredit. If the Borrower fails Loan Parties fail to so reimburse such the L/C Issuer or the Administrative Agent by such time, the Administrative Agent shall promptly notify each Revolving Credit Lender of the Honor Date, the amount of the unreimbursed Letter of Credit drawing or L/C Guaranty payment (the each, an “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage Pro Rata Share thereof. In such event, the Borrower shall be deemed to have requested a Borrowing of Revolving Credit Borrowing Loans consisting of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Revolving Loans consisting of Base Rate Loans, but subject to the amount of the unutilized portion of the total Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b4.02 (other than the delivery of a Loan Notice). If the Unreimbursed Amount is paid on the Honor Date with a Revolving Loan or an L/C Borrowing as provided in Section 2.03(c)(iii), no Default or Event of Default shall be deemed to have occurred. Any notice given delivered by an the L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given delivered by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 1 contract
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a compliant drawing under such Letter of Credit, the relevant L/C Issuer shall notify promptly the Borrower and the Administrative Agent thereof. Not later than 10:00 a.m. on On the Business Day immediately following the Business Day on which the Borrower shall have received notice of any Honor Date payment by an L/C Issuer under a Letter of Credit (or, if the Borrower shall have received such notice later than 10:00 a.m. 1:00 p.m. Local Time on any Business Day, on the second succeeding Business Day) (each such datedate of payment, a an “Borrower Honor Date”), the Borrower shall reimburse such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing on (which reimbursement, in the case of a Letter of Credit denominated in an Alternative Currency, shall be in such Honor Date plus interest accruing at the Base Rate from the Honor Date to the date of reimbursement by the Borrower on the Borrower Honor DateAlternative Currency). If the Borrower fails to so reimburse such L/C Issuer by on the Honor Date (or if any such timereimbursement payment is required to be refunded to the Borrower for any reason), then the Administrative Agent shall promptly notify the applicable L/C Issuer and each Revolving Credit Appropriate Lender of the Honor Date, the amount of the unreimbursed drawing (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage thereof. In the event that the Borrower does not reimburse the L/C Issuer on the Business Day following the date it receives notice of the Honor Date (or, if the Borrower shall have received such eventnotice later than 1:00 p.m. Local Time on any Business Day, on the second succeeding Business Day), the Borrower shall be deemed to have requested requested, for the account of the Borrower, a Revolving Credit Borrowing of Base Rate Loans to be disbursed on (in the Borrower Honor Date case of any Unreimbursed Amount in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b). Any notice given by an L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(i) may be given by telephone if promptly confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.respect 78
Appears in 1 contract
Samples: Credit Agreement (Clear Channel Outdoor Holdings, Inc.)
Drawings and Reimbursements; Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the relevant L/C Issuer shall promptly notify promptly the Borrower Company and the Administrative Agent thereof. Not later than If the Company receives notice of a drawing under a Letter of Credit prior to 10:00 a.m. on the Business Day immediately following the Business Day on which such drawing is honored by the Borrower shall have received notice of any Honor Date (or, if the Borrower shall have received such notice later than 10:00 a.m. on any Business Day, on the second succeeding Business Day) L/C Issuer (each such date, a an “Borrower Honor Date”), the Borrower Company shall reimburse such the L/C Issuer through prior to 12:00 noon on the Administrative Agent in an amount equal to Honor Date for the amount paid by the L/C Issuer in respect of such drawing. If the Company receives notice of a drawing under a Letter of Credit at or after 10 a.m. on the Honor Date, the Company may make such Honor Date plus reimbursement on the immediately following Business Day (and interest accruing at on the Base Rate amount so paid by the L/C Issuer shall accrue for the account of the L/C Issuer from the Honor Date to such immediately following Business Day at a rate per annum equal to the date of reimbursement by Base Rate (or such other rate as the Borrower on Company and the Borrower Honor Date. If the Borrower fails to so reimburse such L/C Issuer shall agree)). If the Company fails to reimburse the L/C Issuer for the full amount of any drawing under any Letter of Credit by such time12:00 noon on the date required pursuant to the two preceding sentences, the L/C Issuer will promptly notify the Administrative Agent shall and the Administrative Agent will promptly notify each Revolving Credit Lender thereof, and the Company shall be deemed to have requested that Base Rate Loans be made by the Lenders to be disbursed on such date in payment of the Honor Date, the amount unpaid reimbursement obligations with respect to such Letter of the unreimbursed drawing Credit (the “Unreimbursed Amount”), and the amount of such Appropriate Lender’s Applicable Revolving Credit Percentage thereof. In such event, the Borrower shall be deemed to have requested a Revolving Credit Borrowing of Base Rate Loans to be disbursed on the Borrower Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in Section 2.02 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Revolving Credit Aggregate Commitments of the Appropriate Lenders, and subject to the conditions set forth in Section 4.02(b)4.2, other than any notice requirement and without regard to any requirement that Borrowings be in a particular amount. Any notice given by an the L/C Issuer or the Administrative Agent pursuant to this Section 2.03(c)(isubsection 2.5(c)(i) may be given by telephone if promptly immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 1 contract
Samples: Credit Agreement (Smith a O Corp)