Interest Component. With respect to reinstatement of reductions in the Interest Component resulting from Interest Drawings: (i) The Issuing Bank may only deliver to the Paying Agent any notice of non- reinstatement pursuant to Paragraph 5(i)(A) of the Letter of Credit if (A) the Issuing Bank and/or the Participating Banks have not been reimbursed in full by the Account Party for one or more drawings, together with interest if any, owing thereon pursuant to this Agreement or (B) an Event of Default has occurred and is then continuing. (ii) if, subsequent to any such delivery of a notice of non-reinstatement, the circumstances giving rise to the delivery of such notice of non- reinstatement shall have ceased to exist (whether as a result of reimbursement of unreimbursed drawings, or waiver or cure of an Event of Default, or otherwise), then, provided that no other Event of Default shall have occurred and be continuing, the Issuing Bank shall deliver to the Paying Agent, by hand delivery or facsimile transmission, a Notice of Reinstatement in the form of Exhibit 5 to the Letter of Credit reinstating that portion of the Interest Component in respect of which such notice of non-reinstatement was given.
Appears in 2 contracts
Samples: Letter of Credit and Reimbursement Agreement (North Atlantic Energy Corp /Nh), Letter of Credit and Reimbursement Agreement (North Atlantic Energy Corp /Nh)
Interest Component. With respect to reinstatement of reductions in the Interest Component resulting from Interest Drawings:
(i) The Issuing Bank may only deliver to the Paying Agent any notice of non- non-reinstatement pursuant to Paragraph 5(i)(A) of the Letter of Credit if (A) the Issuing Bank and/or the Participating Banks have not been reimbursed in full by the Account Party for one or more drawings, together with interest if any, owing thereon pursuant to this Agreement or (B) an Event of Default has occurred and is then continuing.
(ii) if, subsequent to any such delivery of a notice of non-non- reinstatement, the circumstances giving rise to the delivery of such notice of non- non-reinstatement shall have ceased to exist (whether as a result of reimbursement of unreimbursed drawings, or waiver or cure of an Event of Default, or otherwise), then, provided that no other Event of Default shall have occurred and be continuing, the Issuing Bank shall deliver to the Paying Agent, by hand delivery or facsimile transmission, a Notice of Reinstatement in the form of Exhibit 5 to the Letter of Credit reinstating that portion of the Interest Component in respect of which such notice of non-reinstatement was given.
Appears in 2 contracts
Samples: Letter of Credit and Reimbursement Agreement (North Atlantic Energy Corp /Nh), Letter of Credit and Reimbursement Agreement (North Atlantic Energy Corp /Nh)
Interest Component. With respect to reinstatement of reductions in the Interest Component resulting from Interest Drawings:
(i) The Issuing Bank may only deliver to the Paying Agent any notice of non- non-reinstatement pursuant to Paragraph 5(i)(A) of the Letter of Credit if (A) the Issuing Bank and/or the Participating Banks have not been reimbursed in full by the Account Party for one or more drawings, together with interest interest, if any, owing thereon pursuant to this Agreement Agreement, or (B) an Event of Default has occurred and is then continuing.
(ii) ifIf, subsequent to any such delivery of a notice of non-non- reinstatement, the circumstances giving rise to the delivery of such notice of non- non-reinstatement shall have ceased to exist (whether as a result of reimbursement of unreimbursed drawings, or waiver or cure of an Event of Default, or otherwise), then, provided that no other Event of Default shall have occurred and be continuing, the Issuing Bank shall deliver to the Paying Agent, by hand delivery or facsimile transmission, a Notice of Reinstatement in the form of Exhibit 5 to the Letter of Credit reinstating that portion of the Interest Component in respect of which such notice of non-reinstatement was given.
Appears in 1 contract
Samples: Letter of Credit and Reimbursement Agreement (North Atlantic Energy Corp /Nh)