Common use of Funding by Lenders to Issuing Bank Clause in Contracts

Funding by Lenders to Issuing Bank. If the Issuing Bank makes any payment or disbursement under any Letter of Credit and the Borrowers have not reimbursed the Issuing Bank in full for such payment or disbursement by 11:00 A.M. (Chicago, Illinois time) on the date of such payment or disbursement, or if any reimbursement received by the Issuing Bank from the Borrowers must be returned or rescinded upon or during any bankruptcy or reorganization of the Borrowers or otherwise, each other Lender shall be obligated to pay to the Administrative Agent for the account of the Issuing Bank, in full or partial payment of the purchase price of its participation in such Letter of Credit, its pro rata share (according to its Percentage) of such payment or disbursement (but no such payment shall diminish the obligations of the Borrowers under Section 2.3(C)) and, upon notice from the Issuing Bank, the Administrative Agent shall promptly notify each other Lender thereof. Each other Lender irrevocably and unconditionally agrees so to pay to the Administrative Agent in immediately available funds for the Issuing Bank's account the amount of such other Lender's Percentage of such payment or disbursement. If and to the extent any Lender shall not have made such amount available to the Administrative Agent by 2:00 P.M. (Chicago, Illinois time) on the Business Day on which such Lender receives notice from the Administrative Agent of such payment or disbursement (it being understood that any such notice received after noon (Chicago, Illinois time) on any Business Day shall be deemed to have been received on the next following Business Day), such Lender agrees to pay interest on such amount to the Administrative Agent for the Issuing Bank's account forthwith on demand for each day from the date such amount was to have been delivered to the Administrative Agent to the date such amount is paid, at a rate per annum equal to (i) for the first three days after demand, the Federal Funds Rate from time to time in effect and (ii) thereafter, the Base Rate from time to time in effect. Any Lender's failure to make available to the Administrative Agent its Percentage of any such payment or disbursement shall not relieve any other Lender of its obligation hereunder to make available to the Administrative Agent such other Lender's Percentage of such payment, but no Lender shall be responsible for the failure of any other Lender to make available to the Administrative Agent such other Lender's Percentage of any such payment or disbursement.

Funding by Lenders to Issuing Bank. If the Issuing Bank makes any payment or disbursement under any Letter of Credit and (a) (i) a Revolving Loan may not be made in accordance with Section 2.3.2 and (ii) the Borrowers have Borrower has not reimbursed the Issuing Bank in full for such payment or disbursement by 11:00 A.M. (ChicagoA.M., Illinois time) Toronto time on the date of such payment or disbursement, disbursement or if (b) any reimbursement that was received by the Issuing Bank from the Borrowers Borrower or any other Person on behalf of the Borrower is or must be returned or rescinded upon or during any bankruptcy or reorganization of the Borrowers Borrower, such other Person or otherwise, each other Lender with a Revolving Commitment shall be obligated to pay to the Administrative Agent for the account of the Issuing Bank, in full or partial payment of the purchase price of its participation in such Letter of Credit, its pro rata share Pro Rata Share (according aggregating to its Percentage) 100% as among all such Lenders of such payment or disbursement (but no such payment shall diminish the obligations of the Borrowers Borrower under Section 2.3(C2.3.3)) , and, upon notice from the Issuing Bank, the Administrative Agent shall promptly notify each other Lender thereof. Each other Lender irrevocably and unconditionally agrees to so to pay to the Administrative Agent in immediately available funds for the Issuing Bank's ’s account the amount of such other Lender's Percentage ’s Pro Rata Share of such payment or disbursement. If and to the extent any Lender shall not have made such amount available to the Administrative Agent by 2:00 P.M. (ChicagoP.M., Illinois Toronto time) , on the Business Day on which such Lender receives notice from the Administrative Agent of such payment or disbursement (it being understood that any such notice received after noon (Chicagonoon, Illinois Toronto time) , on any Business Day shall be deemed to have been received on the next following Business Day), such Lender agrees to pay interest on such amount to the Administrative Agent for the Issuing Bank's ’s account forthwith on demand demand, for each day from the date such amount was to have been delivered to the Administrative Agent to the date such amount is paid, at a rate per annum equal to (ia)(i) for the first three days after demand, the Federal Funds Rate from time to time in effect and (ii) thereafter, the Base Rate from time to time in effecteffect if such reimbursement obligation is to be made in US Dollars; or (b) the Canadian Base Rate if such reimbursement obligation is to be made in Canadian Dollars. Any Lender's ’s failure to make available to the Administrative Agent its Percentage Pro Rata Share of any such payment or disbursement shall not relieve the Borrower or any other Lender of its obligation hereunder to make available to the Administrative Agent Agent, the Borrower’s or such other Lender's Percentage ’s Pro Rata Share of such payment, but no Lender shall be responsible for the failure of any other Lender to make available to the Administrative Agent such other Lender's Percentage ’s Pro Rata Share of any such payment or disbursement.

Funding by Lenders to Issuing Bank. If the Issuing Bank makes any payment or disbursement under any Letter of Credit and (a) the Borrowers have not reimbursed the Issuing Bank in full for such payment or disbursement by 11:00 A.M. (ChicagoA.M., Illinois Chicago time) , on the date of such payment or disbursement, (b) a Loan may not be made in accordance with Section 2 or if (c) any reimbursement received by the Issuing Bank from the Borrowers is or must be returned or rescinded upon or during any bankruptcy or reorganization of the Borrowers or otherwise, each other Lender with a Revolving Credit Commitment shall be obligated to pay to the Administrative Collateral Agent for the account of the Issuing Bank, in full or partial payment of the purchase price of its participation in such Letter of Credit, its pro rata share (according to its Percentage) Pro Rata Percentage of such payment or disbursement (but no such payment shall diminish the obligations of the Borrowers under Section 2.3(C2.01(c)(3)) ), and, upon notice from the Issuing Bank, the Administrative Collateral Agent shall promptly notify each other Lender thereof. Each other Lender irrevocably and unconditionally agrees to so to pay to the Administrative Collateral Agent in immediately available funds for the Issuing Bank's account the amount of such other Lender's Pro Rata Percentage of such payment or disbursement. If and to the extent any Lender shall not have made such amount available to the Administrative Collateral Agent by 2:00 P.M. (ChicagoP.M., Illinois Chicago time) , on the Business Day on which such Lender receives notice from the Administrative Collateral Agent of such payment or disbursement (it being understood that any such notice received after noon (Chicagonoon, Illinois Chicago time) , on any Business Day shall be deemed to have been received on the next following Business Day), such Lender agrees to pay interest on such amount to the Administrative Collateral Agent for the Issuing Bank's account forthwith on demand demand, for each day from the date such amount was to have been delivered to the Administrative Collateral Agent to the date such amount is paid, at a rate per annum equal to (ia) for the first three days day after demand, the Federal Funds Effective Rate from time to time in effect and (iib) thereafter, the Alternate Base Rate from time to time in effect. Any Lender's failure to make available to the Administrative Collateral Agent its Pro Rata Percentage of any such payment or disbursement shall not relieve any other Lender of its obligation hereunder to make available to the Administrative Collateral Agent such other Lender's Pro Rata Percentage of such payment, but no Lender shall be responsible for the failure of any other Lender to make available to the Administrative Collateral Agent such other Lender's Pro Rata Percentage of any such payment or disbursement.

Funding by Lenders to Issuing Bank. If the Issuing Bank makes any payment or disbursement under any Letter of Credit and the Borrowers have not reimbursed the Issuing Bank in full for such payment or disbursement by 11:00 A.M. (Chicago, Illinois time) on the date of such payment or disbursement, or if any reimbursement received by the Issuing Bank from the Borrowers must be returned or rescinded upon or during any bankruptcy or reorganization of the Borrowers or otherwise, each other Lender shall be obligated to pay to the Administrative Agent for the account of the Issuing Bank, in full or partial payment of the purchase price of its participation in such Letter of Credit, its pro rata share (according to its Percentage) of such payment or disbursement (but no such payment shall diminish the obligations of the Borrowers under Section SECTION 2.3(C)) and, upon notice from the Issuing Bank, the Administrative Agent shall promptly notify each other Lender thereof. Each other Lender irrevocably and unconditionally agrees so to pay to the Administrative Agent in immediately available funds for the Issuing Bank's account the amount of such other Lender's Percentage of such payment or disbursement. If and to the extent any Lender shall not have made such amount available to the Administrative Agent by 2:00 P.M. (Chicago, Illinois time) on the Business Day on which such Lender receives notice from the Administrative Agent of such payment or disbursement (it being understood that any such notice received after noon (Chicago, Illinois time) on any Business Day shall be deemed to have been received on the next following Business Day), such Lender agrees to pay interest on such amount to the Administrative Agent for the Issuing Bank's account forthwith on demand for each day from the date such amount was to have been delivered to the Administrative Agent to the date such amount is paid, at a rate per annum equal to (i) for the first three days after demand, the Federal Funds Rate from time to time in effect and (ii) thereafter, the Base Rate from time to time in effect. Any Lender's failure to make available to the Administrative Agent its Percentage of any such payment or disbursement shall not relieve any other Lender of its obligation hereunder to make available to the Administrative Agent such other Lender's Percentage of such payment, but no Lender shall be responsible for the failure of any other Lender to make available to the Administrative Agent such other Lender's Percentage of any such payment or disbursement.

Funding by Lenders to Issuing Bank. If the Issuing Bank makes any payment or disbursement under any Letter of Credit and the Borrowers have Company has not reimbursed the Issuing Bank in full for such payment or disbursement by 11:00 A.M. (ChicagoA.M., Illinois Chicago time) , on the date of such payment or disbursement, or if any reimbursement received by the Issuing Bank from the Borrowers Company is or must be returned or rescinded upon or during any bankruptcy or reorganization of the Borrowers Company or otherwise, each other Lender shall be obligated to pay to the Administrative Agent for the account of the Issuing Bank, in full or partial payment of the purchase price of its participation in such Letter of Credit, its pro rata share (according to its Percentage) portion of such payment or disbursement (as determined by Section 2.2.1(b)) (but no such payment shall diminish the obligations of the Borrowers Company under Section 2.3(C2.3.3)) , and, upon notice from the Issuing Bank, the Administrative Agent shall promptly notify each other Lender thereof. Each other Lender irrevocably and unconditionally agrees to so to pay to the Administrative Agent in immediately available funds for the Issuing Bank's ’s account the amount of such other Lender's Percentage ’s share of such payment or disbursementdisbursement (as determined by Section 2.2.1(b)). If and to the extent any Lender shall not have made such amount available to the Administrative Agent by 2:00 P.M. (ChicagoP.M., Illinois Chicago time) , on the Business Day on which such Lender receives notice from the Administrative Agent of such payment or disbursement (it being understood that any such notice received after noon (Chicagonoon, Illinois Chicago time) , on any Business Day shall be deemed to have been received on the next following Business Day), such Lender agrees to pay interest on such amount to the Administrative Agent for the Issuing Bank's ’s account forthwith on demand demand, for each day from the date such amount was to have been delivered to the Administrative Agent to the date such amount is paid, at a rate per annum equal to (ia) for the first three days after demand, the Federal Funds Rate from time to time in effect and (iib) thereafter, the Base Rate from time to time in effect. Any Lender's ’s failure to make available to the Administrative Agent its Percentage share of any such payment or disbursement (as determined by Section 2.2.1(b)) shall not relieve any other Lender of its obligation hereunder to make available to the Administrative Agent such other Lender's Percentage ’s share of such payment, but no Lender shall be responsible for the failure of any other Lender to make available to the Administrative Agent such other Lender's Percentage ’s share of any such payment or disbursementdisbursement (as determined by Section 2.2.1(b)).