Common use of Funding of Participations Clause in Contracts

Funding of Participations. (i) Upon any drawing under any Letter of Credit, the L/C Issuer shall notify the Borrower that requested the issuance of such Letter of Credit and the Administrative Agent thereof. Not later than 11:00 a.m., New York time, on the date of any payment by the L/C Issuer under a Letter of Credit (each such date, an "HONOR DATE"), such requesting Borrower shall reimburse the L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing. If such Borrower fails to so reimburse the L/C Issuer by such time, the Administrative Agent shall promptly notify each Lender of the Honor Date, the amount of the unreimbursed drawing (the "UNREIMBURSED AMOUNT"), and such Lender's Pro Rata Share thereof. In such event, such Borrower shall be deemed to have requested a Borrowing of Base Rate Loans to be disbursed on the 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 Commitments and the conditions set forth in SECTION 4.02 (other than the delivery of a Loan Notice). Any notice given by the L/C Issuer or the Administrative Agent pursuant to this SECTION 2.04(c)(i) may be given by telephone if 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 (Enbridge Energy Limited Partnership), Assignment and Acceptance Agreement (Enbridge Energy Partners Lp)

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Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under any such Letter of Credit, the applicable L/C Issuer shall notify the Borrower that requested the issuance of such Letter of Credit and the Administrative Agent thereof. Not later than 11:00 a.m., New York time, a.m. on the date of any payment by the applicable L/C Issuer under a Letter of Credit (each such date, an "HONOR DATEHonor Date"), such requesting the Borrower shall reimburse the applicable L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing. If such the Borrower fails to so reimburse the applicable L/C Issuer by such time, the Administrative Agent shall promptly notify each Lender of the Honor Date, the amount of the unreimbursed drawing (the "UNREIMBURSED AMOUNTUnreimbursed Amount"), and the amount of such Lender's Pro Rata Share thereof. In such event, such the Borrower shall be deemed to have requested a Committed Borrowing of Base Rate Loans to be disbursed on the 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, but subject to the amount of the unutilized portion of the Aggregate Commitments and the conditions set forth in SECTION Section 4.02 (other than the delivery of a Committed Loan Notice). Any notice given by the applicable L/C Issuer or the Administrative Agent pursuant to this SECTION 2.04(c)(iSection 2.03(c)(i) may be given by telephone if 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 1 contract

Samples: Credit Agreement (Schnitzer Steel Industries Inc)

Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of drawing under any such Letter of Credit, the applicable L/C Issuer shall notify the Borrower that requested the issuance of such Letter of Credit and the Administrative Agent thereof. The applicable L/C Issuer shall notify the Borrower of the amount of the drawing promptly following the determination thereof, and in any event no later than 9:00 a.m. on the Honor Date (as hereafter defined). Not later than 11:00 a.m., New York time, 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"“Honor Date”), such requesting the Borrower shall reimburse the such L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing. If such the Borrower fails to so reimburse the applicable L/C Issuer by such time, such L/C Issuer shall promptly notify the Administrative Agent, whereupon the Administrative Agent shall promptly notify each Revolving Lender of the Honor Date, the amount of the unreimbursed drawing (the "UNREIMBURSED AMOUNT"“Unreimbursed Amount”), and the amount of such Revolving Lender's ’s Pro Rata Share thereof. In such event, such the Borrower shall be deemed to have requested a Borrowing of Base Rate Loans to be disbursed on the 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, but subject to the amount of the unutilized portion of the Commitments and Aggregate Revolving Committed Amount or the conditions set forth in SECTION 4.02 (other than the delivery of a Loan Notice)Section 5.02. Any notice given by the applicable L/C Issuer or the Administrative Agent pursuant to this SECTION 2.04(c)(iSection 2.03(c)(i) may be given by telephone if 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 1 contract

Samples: Credit Agreement (Armstrong World Industries Inc)

Funding of Participations. (i) Upon any drawing under any Letter of Credit, the L/C Issuer shall notify the Borrower that requested the issuance of such Letter of Credit Borrowers and the Administrative Agent thereof. Not later than 11:00 a.m., New York time, a.m. on the date of any payment by the L/C Issuer under a Letter of Credit (each such date, an "HONOR DATE"), such requesting Borrower the Borrowers shall reimburse the L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing. If such Borrower fails the Borrowers fail to so reimburse the L/C Issuer by such time, the Administrative Agent shall promptly notify each Revolving Lender of the Honor Date, the amount of the unreimbursed drawing (the "UNREIMBURSED AMOUNT"), and such Lender's Pro Rata Revolving Proportionate Share thereof. In such event, such Borrower the Borrowers shall be deemed to have requested a Revolving Loan Borrowing of Base Rate Loans to be disbursed on the Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in SECTION 2.02 2.01 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Commitments Total Revolving Loan Commitment and the conditions set forth in SECTION 4.02 3.02 (other than the delivery of a Revolving Loan Notice). Any notice given by the L/C Issuer or the Administrative Agent pursuant to this SECTION 2.04(c)(i2.03(c)(i) may be given by telephone if 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 1 contract

Samples: Credit Agreement (Argosy Gaming Co)

Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of drawing under any such Letter of Credit, the L/C Issuer Agent shall notify the Borrower that requested the issuance of such Letter of Credit and the Administrative Agent Lenders thereof. Not later than 11:00 a.m., New York time, on the date of any payment by the L/C Issuer Agent under a Letter of Credit (each such date, an "HONOR DATEHonor Date"), such requesting Borrower shall reimburse the L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing. If such Borrower fails to so reimburse the L/C Issuer Agent by such time, the Administrative Agent shall promptly notify each Lender of the Honor Date, the amount of the unreimbursed drawing (the "UNREIMBURSED AMOUNTUnreimbursed Amount"), and the amount of such Lender's Pro Rata Share thereof. In such event, such Borrower shall be deemed to have requested a Committed Borrowing of Base Rate Loans to be disbursed on the 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 Commitments and the conditions set forth in SECTION 4.02 Section 4.2 (other than the delivery of a Committed Loan Notice). Any notice given by the L/C Issuer or the Administrative Agent pursuant to this SECTION 2.04(c)(iSection 2.3(c)(i) may be given by telephone if 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 1 contract

Samples: Credit Agreement (Micros Systems Inc)

Funding of Participations. (i) Upon any drawing under 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 L/C Issuer shall notify the Borrower that requested the issuance of such Letter of Credit and the Administrative Agent thereof. Not later than 11:00 a.m., New York time, a.m. on the date of any payment by the L/C Issuer under a Letter of Credit or a Bankers' Acceptance (each such date, an "HONOR DATE"), such requesting Borrower shall reimburse the L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawingdrawing or Bankers' Acceptance, as applicable. If such Borrower fails to so reimburse the L/C Issuer by such time, the Administrative Agent shall promptly notify each Lender of the Honor Date, the amount of the unreimbursed drawing or payment (the "UNREIMBURSED AMOUNT"), and the amount of such Lender's Pro Rata Share thereof. In such event, such Borrower shall be deemed to have requested a Committed Borrowing of Base Rate Loans to be disbursed on the Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in SECTION 2.02 Section 2.2 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Aggregate Commitments and the conditions set forth in SECTION 4.02 Section 4.2 (other than the delivery of a Committed Loan Notice). Any notice given by the L/C Issuer or the Administrative Agent pursuant to this SECTION 2.04(c)(iSection 2.3(c)(i) may be given by telephone if 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 1 contract

Samples: Credit Agreement (Oakley Inc)

Funding of Participations. (i) Upon any drawing under any Letter of Credit, the L/C Issuer shall notify the Borrower that requested the issuance of such Letter of Credit and the Administrative Agent thereof. Not later than 11:00 a.m., New York time, on the date of any payment by the L/C Issuer under a Letter of Credit (each such date, an "HONOR DATE"), such requesting the Borrower shall reimburse the L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing. If such the Borrower fails to so reimburse the L/C Issuer by such time, the Administrative Agent shall promptly notify each Lender of the Honor Date, the amount of the unreimbursed drawing (the "UNREIMBURSED AMOUNT"), and such Lender's Pro Rata Share thereof. In such event, such the Borrower shall be deemed to have requested a Borrowing of Base Rate Loans to be disbursed on the 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 Aggregate Commitments and the conditions set forth in SECTION 4.02 4.03 (other than the delivery of a Loan Notice). Any notice given by the L/C Issuer or the Administrative Agent pursuant to this SECTION 2.04(c)(i2.14(c)(i) may be given by telephone if 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 (Markwest Energy Partners L P)

Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under any such Letter of Credit, the L/C Issuer Issuing Lender shall notify the Borrower that requested the issuance of such Letter of Credit and the Administrative Agent thereof. Not later than 11:00 a.m., New York time, a.m. on the date of any payment by the L/C Issuer Issuing Lender under a Letter of Credit (each such date, an "HONOR DATE"), such requesting the Borrower shall reimburse the L/C Issuer Issuing Lender through the Administrative Agent in an amount equal to the amount of such drawing. If such the Borrower fails to so reimburse the L/C Issuer Issuing Lender by such time, the Administrative Agent shall promptly notify each Lender of the Honor Date, the amount of the unreimbursed drawing (the "UNREIMBURSED AMOUNT"), and the amount of such Lender's Pro Rata Share thereof’s pro rata share thereof (based on the respective Revolving Commitment Percentage of such Lender). In such event, such the Borrower shall be deemed to have requested a Borrowing Revolving Loan advance comprised of Base Rate Loans to be disbursed on the Honor Date in an amount equal to the Unreimbursed Amount, without regard to the minimum and multiples specified in SECTION 2.02 Section 2.1 for the principal amount of Base Rate Loans, but subject to the amount of the unutilized portion of the Commitments Revolving Committed Amount and the conditions set forth in SECTION 4.02 Section 5.2 (other than the delivery of a Loan NoticeNotice of Borrowing). Any notice given by the L/C Issuer Issuing Lender or the Administrative Agent pursuant to this SECTION 2.04(c)(iSection 2.2(c)(i) may be given by telephone if 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 (Tractor Supply Co /De/)

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Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under any such Letter of Credit, the L/C Issuer shall notify the Borrower that requested the issuance of such Letter of Credit and the Administrative Agent thereof. Not later than 11:00 a.m., New York time, a.m. on the date of any payment by the L/C Issuer under a Letter of Credit (each such date, an "HONOR DATE"), such requesting the Borrower shall reimburse the L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing. If such the Borrower fails to so reimburse the L/C Issuer by such time, the Administrative Agent shall promptly notify each Lender of the Honor Date, the amount of the unreimbursed drawing (the "UNREIMBURSED AMOUNT"), and the amount of such Lender's Pro Rata Share Working Capital Loan Commitment Percentage thereof. In such event, such the Borrower shall be deemed to have requested a Working Capital Borrowing of Base Rate Loans to be disbursed on the 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 Working Capital Commitments and the conditions set forth in SECTION 4.02 SECTIONS 5.02 and 5.03 (other than the delivery of a Loan Notice). Any notice given by the L/C Issuer or the Administrative Agent pursuant to this SECTION 2.04(c)(i2.05(c)(i) may be given by telephone if 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 (Texas Roadhouse, Inc.)

Funding of Participations. (i) Upon any drawing under any Letter of Credit, the L/C Issuer shall notify the Borrower that requested the issuance of such Letter of Credit and the Administrative Agent thereof. Not later than 11:00 a.m., New York time, on the date of any payment by the L/C Issuer under a Letter of Credit (each such date, an "HONOR DATE"), such requesting the Borrower shall reimburse the L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing. If such the Borrower fails to so reimburse the L/C Issuer by such time, the Administrative Agent shall promptly notify each Lender of the Honor Date, the amount of the unreimbursed drawing (the "UNREIMBURSED AMOUNT"), and such Lender's Pro Rata Share thereof. In such event, such the Borrower shall be deemed to have requested a Borrowing under the Revolver Facility of Base Rate Loans to be disbursed on the 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 Commitments Aggregate Revolving Commitment and the conditions set forth in SECTION 4.02 4.03 (other than the delivery of a Loan Borrowing Notice). Any notice given by the L/C Issuer or the Administrative Agent pursuant to this SECTION 2.04(c)(i2.14(c)(i) may be given by telephone if 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 (Allis Chalmers Energy Inc.)

Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under any such Letter of Credit, the L/C Issuer shall notify the Borrower that requested the issuance of such Letter of Credit and the Administrative Agent thereof. Not later than 11:00 a.m., New York time, a.m. on the date of any payment by the L/C Issuer under a Letter of Credit (each such date, an "HONOR DATE"), such requesting Borrower shall reimburse the L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing. If such Borrower fails to so reimburse the L/C Issuer by such time, the Administrative Agent shall promptly notify each Lender of the Honor Date, the amount of the unreimbursed drawing (the "UNREIMBURSED AMOUNT"), and the amount of such Lender's Pro Rata Share Applicable Percentage thereof. In such event, such Borrower shall be deemed to have requested a Committed Borrowing of Base Rate Loans to be disbursed on the 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 Commitments and the conditions set forth in SECTION 4.02 (other than the delivery of a Committed Loan Notice). Any notice given by the L/C Issuer or the Administrative Agent pursuant to this SECTION 2.04(c)(i2.03(c)(i) may be given by telephone if 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 (Maine & Maritimes Corp)

Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of drawing under any such Letter of Credit, the L/C Issuer shall notify the Borrower that requested the issuance of such Letter of Credit and the Administrative Agent thereof. Not later than 11:00 a.m., New York time, on the date of any payment by the L/C Issuer under a Letter of Credit (or if the notice of drawing on such Letter of Credit is given after 11:00 a.m., then not later than 11:00 a.m. on the next succeeding Business Day after the date of any payment by such L/C Issuer under a Letter of Credit) (each such date, an "HONOR DATEHonor Date"), such requesting Borrower shall reimburse the L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing. If such Borrower fails to so reimburse the L/C Issuer by such time, the Administrative Agent shall promptly notify each Lender of the Honor Date, the amount of the unreimbursed drawing (the "UNREIMBURSED AMOUNTUnreimbursed Amount"), and the amount of such Lender's Pro Rata Share thereof. In such event, such Borrower shall be deemed to have requested a Committed Borrowing of Base Rate Loans to be disbursed on the 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 Committed Loans, but subject to the amount of the unutilized portion of the Aggregate Commitments and the conditions set forth in SECTION Section 4.02 (other than the delivery of a Committed Loan Notice). Any notice given by the L/C Issuer or the Administrative Agent pursuant to this SECTION 2.04(c)(iSection 2.03(c)(i) may be given by telephone if 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 1 contract

Samples: Assignment and Assumption Agreement (Playboy Enterprises Inc)

Funding of Participations. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under any such Letter of Credit, the L/C Issuer shall notify the Borrower that requested the issuance of such Letter of Credit and the Administrative Agent thereof. Not later than 11:00 a.m., New York time, a.m. on the date of any payment by the L/C Issuer under a Letter of Credit (each such date, an "HONOR DATEHonor Date"), such requesting the Borrower shall reimburse the L/C Issuer through the Administrative Agent in an amount equal to the amount of such drawing. If such the Borrower fails to so reimburse the L/C Issuer by such time, the Administrative Agent shall promptly notify each Lender of the Honor Date, the amount of the unreimbursed drawing (the "UNREIMBURSED AMOUNTUnreimbursed Amount"), and the amount of such Lender's Pro Rata Share Applicable Percentage thereof. In such event, such the Borrower shall be deemed to have requested a Committed Borrowing of Base Rate Loans to be disbursed on the 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, but subject to the amount of the unutilized portion of the Aggregate Commitments and the conditions set forth in SECTION Section 4.02 (other than the delivery of a Committed Loan Notice). Any notice given by the L/C Issuer or the Administrative Agent pursuant to this SECTION Section 2.04(c)(i) may be given by telephone if 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 1 contract

Samples: Credit Agreement (Pall Corp)

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