Common use of Drawings on Letters of Credit Clause in Contracts

Drawings on Letters of Credit. The Letter of Credit Issuer shall promptly notify (i) each Tranche A Lender of the Letter of Credit Issuer's receipt of a drawing request under any Letter of Credit, stating the amount of such Lender's Tranche A Percentage of such drawing request and the date on which such request will be honored and (ii) the Borrower of the amount of such drawing request and the date on which such request will be honored. Any failure of the Letter of Credit Issuer to give or any delay in the Letter of Credit Issuer's giving any such notice shall not release or diminish the obligations of the Borrower or any Tranche A Lender hereunder. In determining whether to pay under any Letter of Credit, the Letter of Credit Issuer shall have no obligation to any Tranche A Lender or the Borrower other than to confirm that any documents required to be delivered under such Letter of Credit have been delivered and that they appear to comply on their face with the requirements of such Letter of Credit. In the absence of gross negligence or willful misconduct on the part of the Letter of Credit Issuer, the Letter of Credit Issuer shall have no liability to any Tranche A Lender or the Borrower for any action taken or omitted to be taken by it under or in connection with any Letter of Credit, including any such action negligently taken or negligently omitted to be taken by it.

Appears in 3 contracts

Samples: Credit Agreement (Arch Wireless Inc), Credit Agreement (Arch Communications Group Inc /De/), Credit Agreement (Arch Communications Group Inc /De/)

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Drawings on Letters of Credit. The Letter of Credit Issuer shall promptly notify (i) each Tranche A Lender of the Letter of Credit Issuer's receipt of a drawing request under any Letter of Credit, stating the amount of such Lender's Tranche A Revolving Percentage of such drawing request and the date on which such request will be honored and (ii) the Borrower of the amount of such drawing request and the date on which such request will be honored. Any failure of the Letter of Credit Issuer to give or any delay in the Letter of Credit Issuer's giving any such notice shall not release or diminish the obligations of the Borrower or any Tranche A Lender hereunder. In determining whether to pay under any Letter of Credit, the Letter of Credit Issuer shall have no obligation to any Tranche A Lender or the Borrower other than to confirm that any documents required to be delivered under such Letter of Credit have been delivered and that they appear to comply on their face with the requirements of such Letter of Credit. In the absence of gross negligence or willful misconduct on the part of the Letter of Credit Issuer, the Letter of Credit Issuer shall have no liability to any Tranche A Lender or the Borrower for any action taken or omitted to be taken by it under or in connection with any Letter of Credit, including any such action negligently taken or negligently omitted to be taken by it.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (SFX Entertainment Inc)

Drawings on Letters of Credit. The Letter of Credit Issuer shall promptly notify (i) the Administrative Agent (which shall promptly notify each Tranche A Lender Lender) of the Letter of Credit Issuer's receipt of a drawing request under any Letter of Credit, stating the amount of such Lender's Tranche A Commitment Percentage of such drawing request and the date on which such request will be honored and (ii) the Administrative Agent and the Borrower of the amount of such drawing request and the date on which such request will be honored. Any failure of the Letter of Credit Issuer to give or any delay in the Letter of Credit Issuer's giving any such notice shall not release or diminish the obligations of the Borrower or any Tranche A Lender hereunder. In determining whether to pay under any Letter of Credit, the Letter of Credit Issuer shall have no obligation to any Tranche A Lender or the Borrower other than to confirm that any documents required to be delivered under such Letter of Credit have been delivered and that they appear to comply on their face with the requirements of such Letter of Credit. In the absence of gross negligence or willful misconduct on the part of the Letter of Credit Issuer, the Letter of Credit Issuer shall have no liability to any Tranche A Lender or the Borrower for any action taken or omitted to be taken by it under or in connection with any Letter of Credit, including any such action negligently taken or negligently omitted to be taken by it.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Antec Corp)

Drawings on Letters of Credit. The Letter of Credit Issuer shall promptly notify (i) each Tranche A Lender Bank of the Letter of Credit Issuer's receipt of a drawing request under any Letter of Credit, stating the amount of such LenderBank's Tranche A Revolving Percentage of such drawing request and the date on which such request will be honored and (ii) the Administrative Agent and a Borrower of the amount of such drawing request and the date on which such request will be honored. Any failure of the Letter of Credit Issuer to give or any delay in the Letter of Credit Issuer's giving any such notice shall not release or diminish the obligations of the Borrower or any Tranche A Lender Bank hereunder. In determining whether to pay under any Letter of Credit, the Letter of Credit Issuer shall have no obligation to any Tranche A Lender Bank or the either Borrower other than to confirm that any documents required to be delivered under such Letter of Credit have been delivered and that they appear to comply on their face with the requirements of such Letter of Credit. In the absence of gross negligence or willful misconduct on the part of the Letter of Credit Issuer, the Letter of Credit Issuer shall have no liability to any Tranche A Lender Bank or the either Borrower for any action taken or omitted to be taken by it under or in connection with any Letter of Credit, including any such action negligently taken or negligently omitted to be taken by it.

Appears in 1 contract

Samples: Loan Agreement (Griffon Corp)

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Drawings on Letters of Credit. The Letter of Credit Issuer Issuing Bank shall promptly notify (i) each Tranche A Lender of the Letter of Credit IssuerIssuing Bank's receipt of a drawing draw request under any Letter of Credit, stating the amount of such Lender's Tranche A Specified Percentage of such drawing draw request and the date on which such request will be honored and (ii) the Borrower of the amount of such drawing draw request and the date on which such request will be honored. Any failure of the Letter of Credit Issuer Issuing Bank to give or any delay in the Letter of Credit IssuerIssuing Bank's giving any such notice shall not release or diminish the obligations of the Borrower or any Tranche A Lender hereunderin respect thereof. In determining whether to pay under any Letter of Credit, the Letter of Credit Issuer Issuing Bank shall have no obligation to any Tranche A Lender or the Borrower other than to confirm that any documents required to be delivered under such Letter of Credit have been delivered and that they appear to comply on their face with the requirements of such Letter of Credit. In the absence of gross negligence or willful misconduct on the part of the Letter of Credit IssuerIssuing Bank, the Letter of Credit Issuer Issuing Bank shall have no liability to any Tranche A Lender or the Borrower for any action taken or omitted to be taken by it under or in connection with any Letter of Credit, including any such action negligently taken or negligently omitted to be taken by it.

Appears in 1 contract

Samples: Credit Agreement (SFX Broadcasting Inc)

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