Common use of Lenders' Obligations Relating to L/Cs Clause in Contracts

Lenders' Obligations Relating to L/Cs. (a) Notwithstanding that L/Cs are issued by the Issuing Banks, it is the intention of the Parties that the ultimate credit risk and exposure of any Lender be in accordance with its overall Applicable Percentage of the Credit. Each Lender shall immediately indemnify the Issuing Banks for that Lender's Applicable Percentage of any payment made by the Issuing Banks in respect of an L/C for which the Issuing Banks is not immediately reimbursed by the Borrower, and shall do all such things, including purchases of participations in Advances made by the Issuing Banks, as shall be required to ensure that result. Any such action on the part of the Lenders shall be binding on the Borrower. (b) Each Lender acknowledges and agrees that its obligations under this Section 6.1 in respect of L/Cs are absolute, unconditional and irrevocable and shall not be affected by any circumstance whatsoever, including any amendment, renewal or extension of any L/C, the occurrence and continuance of a Default or the reduction or termination of its Commitment, and that any payment it is required to make pursuant to its obligations shall be made without any offset, abatement, withholding or reduction whatsoever. (c) If any Lender fails to take the actions required under this Section 6.1, the Agent may, without prejudice to the other rights of the Lenders, make such adjustments to the payments to the defaulting Lender under this Agreement as are necessary to compensate the other Lenders for the defaulting Lender's failure.

Appears in 5 contracts

Samples: Credit Facility Agreement (Hudbay Minerals Inc.), Credit Facility Agreement (Hudbay Minerals Inc.), Credit Facility Agreement (Hudbay Minerals Inc.)

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Lenders' Obligations Relating to L/Cs. (a) Notwithstanding that L/Cs are issued by the Issuing Banks, it is the intention of the Parties that the ultimate credit risk and exposure of any Lender be in accordance with its overall Applicable Percentage of the Credit. Each Lender shall immediately indemnify the Issuing Banks for that LenderXxxxxx's Applicable Percentage of any payment made by the Issuing Banks in respect of an L/C for which the Issuing Banks is not immediately reimbursed by the Borrower, and shall do all such things, including purchases of participations in Advances made by the Issuing Banks, as shall be required to ensure that result. Any such action on the part of the Lenders shall be binding on the Borrower. (b) Each Lender acknowledges and agrees that its obligations under this Section 6.1 in respect of L/Cs are absolute, unconditional and irrevocable and shall not be affected by any circumstance whatsoever, including any amendment, renewal or extension of any L/C, the occurrence and continuance of a Default or the reduction or termination of its Commitment, and that any payment it is required to make pursuant to its obligations shall be made without any offset, abatement, withholding or reduction whatsoever. (c) If any Lender fails to take the actions required under this Section 6.1, the Agent may, without prejudice to the other rights of the Lenders, make such adjustments to the payments to the defaulting Lender under this Agreement as are necessary to compensate the other Lenders for the defaulting Lender's failure.

Appears in 4 contracts

Samples: Credit Agreement (Hudbay Minerals Inc.), Credit Agreement (Hudbay Minerals Inc.), Amending Agreement (Hudbay Minerals Inc.)

Lenders' Obligations Relating to L/Cs. (a) Notwithstanding that L/Cs are issued by the Issuing BanksBank, it is the intention of the Parties that the ultimate credit risk and exposure of any Lender be in accordance with its overall Applicable Percentage of the Credit. Each Lender shall immediately indemnify the Issuing Banks Bank for that Lender's ’s Applicable Percentage of any payment made by the Issuing Banks Bank in respect of an L/C for which the Issuing Banks Bank is not immediately reimbursed by the Borrower, and shall do all such things, including purchases of participations in Advances made by the Issuing BanksBank, as shall be required to ensure that result. Any such action on the part of the Lenders shall be binding on the Borrower. If the rating by Standard & Poors or Xxxxx’x of the non-credit-enhanced senior debt of any Lender (other than a Lender at the date of this Agreement) is at any time less than “A” or “A2” respectively, that Lender shall, if requested by an Issuing Bank, provide Cash Collateral (in a form satisfactory to the Issuing Bank acting reasonably) to secure that Lender’s obligations with respect to L/Cs under this Section 5.1. (b) Each Lender acknowledges and agrees that its obligations under this Section 6.1 5.1 in respect of L/Cs are absolute, unconditional and irrevocable and shall not be affected by any circumstance whatsoever, including any amendment, renewal or extension of any L/C, the occurrence and continuance of a Default or the reduction or termination of its Commitment, and that any payment it is required to make pursuant to its obligations shall be made without any offset, abatement, withholding or reduction whatsoever. (c) If any Lender fails to take the actions required under this Section 6.15.1, the Agent may, without prejudice to the other rights of the Lenders, make such adjustments to the payments to the defaulting Lender under this Agreement as are necessary to compensate the other Lenders for the defaulting Lender's ’s failure.

Appears in 3 contracts

Samples: Credit Agreement (Iamgold Corp), Credit Agreement (Iamgold Corp), Credit Agreement (Iamgold Corp)

Lenders' Obligations Relating to L/Cs. (a) Notwithstanding that L/Cs are issued by the Issuing BanksBank, it is the intention of the Parties that the ultimate credit risk and exposure of any Lender be in accordance with its overall Applicable Percentage of the Credit. Each Lender shall immediately indemnify the Issuing Banks Bank for that Lender's Applicable Percentage of any payment made by the Issuing Banks Bank in respect of an L/C for which the Issuing Banks Bank is not immediately reimbursed by the Borrower, and shall do all such things, including purchases of participations in Advances made by the Issuing BanksBank, as shall be required to ensure that result. Any such action on the part of the Lenders shall be binding on the Borrower. If the rating by S&P or Xxxxx'x of the non-credit-enhanced senior debt of any Lender (other than a Lender at the date of this Agreement) is at any time less than "A" or "A2" respectively, that Lender shall, if requested by an Issuing Bank, provide Cash Collateral (in a form satisfactory to the Issuing Bank acting reasonably) to secure that Lender's obligations with respect to L/Cs under this Section 5.1. (b) Each Lender acknowledges and agrees that its obligations under this Section 6.1 5.1 in respect of L/Cs are absolute, unconditional and irrevocable and shall not be affected by any circumstance whatsoever, including any amendment, renewal or extension of any L/C, the occurrence and continuance of a Default or the reduction or termination of its Commitment, and that any payment it is required to make pursuant to its obligations shall be made without any offset, abatement, withholding or reduction whatsoever. (c) If any Lender fails to take the actions required under this Section 6.15.1, the Agent may, without prejudice to the other rights of the Lenders, make such adjustments to the payments to the defaulting Defaulting Lender under this Agreement as are necessary to compensate the other Lenders for the defaulting Defaulting Lender's failure.

Appears in 2 contracts

Samples: Credit Agreement (Iamgold Corp), Credit Agreement (Iamgold Corp)

Lenders' Obligations Relating to L/Cs. (a) Notwithstanding that L/Cs are issued by the Issuing BanksBank, it is the intention of the Parties that the ultimate credit risk and exposure of any Lender be in accordance with its overall Applicable Percentage of the Credit. Each Lender shall immediately indemnify the Issuing Banks Bank for that Lender's ’s Applicable Percentage of any payment made by the Issuing Banks Bank in respect of an L/C for which the Issuing Banks Bank is not immediately reimbursed by the Borrower, and shall do all such things, including purchases of participations in Advances made by the Issuing BanksBank, as shall be required to ensure that result. Any such action on the part of the Lenders shall be binding on the Borrower. If the rating by Standard & Poors or Xxxxx’x of the non-credit-enhanced senior debt of any Lender (other than a Lender at the date of this Agreement) is at any time less than “A” or “A2” respectively, that Lender shall, if requested by an Issuing Bank, provide Cash Collateral (in a form satisfactory to the Issuing Bank acting reasonably) to secure that Lender’s obligations with respect to L/Cs under this Section 5.1. (b) Each Lender acknowledges and agrees that its obligations under this Section 6.1 5.1 in respect of L/Cs are absolute, unconditional and irrevocable and shall not be affected by any circumstance whatsoever, including any amendment, renewal or extension of any L/C, the occurrence and continuance of a Default or the reduction or termination of its Commitment, and that any payment it is required to make pursuant to its obligations shall be made without any offset, abatement, withholding or reduction whatsoever. (c) If any Lender fails to take the actions required under this Section 6.15.1, the Agent may, without prejudice to the other rights of the Lenders, make such adjustments to the payments to the defaulting Defaulting Lender under this Agreement as are necessary to compensate the other Lenders for the defaulting Defaulting Lender's ’s failure.

Appears in 2 contracts

Samples: Credit Agreement (Iamgold Corp), Credit Agreement (Iamgold Corp)

Lenders' Obligations Relating to L/Cs. (a) Notwithstanding that L/Cs are issued by the Issuing BanksBank, it is the intention of the Parties that the ultimate credit risk and exposure of any Lender be in accordance with its overall Applicable Percentage of the Credit. Each Lender shall immediately indemnify the Issuing Banks Bank for that Lender's ’s Applicable Percentage of any payment made by the Issuing Banks Bank in respect of an L/C for which the Issuing Banks Bank is not immediately reimbursed by the Borrower, and shall do all such things, including purchases of participations in Advances made by the Issuing BanksBank, as shall be required to ensure that result. Any such action on the part of the Lenders shall be binding on the Borrower. If the rating by any one or both of S&P or Xxxxx’x of the non-credit-enhanced long-term senior debt of any Lender (other than a Lender at the date of this Agreement) is at any time less than “A” or “A2” respectively, that Lender shall, if requested by the Issuing Bank, provide Cash Collateral (in a form satisfactory to the Issuing Bank acting reasonably) to secure that Lender’s obligations with respect to L/Cs under this Section 6.1. (b) Each Lender acknowledges and agrees that its obligations under this Section 6.1 in respect of L/Cs are absolute, unconditional and irrevocable and shall not be affected by any circumstance whatsoever, including any amendment, renewal or extension of any L/C, the occurrence and continuance of a Default or the reduction or termination of its Commitment, and that any payment it is required to make pursuant to its obligations shall be made without any offset, abatement, withholding or reduction whatsoever. (c) If any Lender fails to take the actions required under this Section 6.1, the Agent may, without prejudice to the other rights of the Lenders, make such adjustments to the payments to the defaulting Lender under this Agreement as are necessary to compensate the other Lenders for the defaulting Lender's ’s failure.

Appears in 1 contract

Samples: Credit Facility Agreement (Maverix Metals Inc.)

Lenders' Obligations Relating to L/Cs. (a) Notwithstanding that L/Cs are issued by the Issuing BanksBank, it is the intention of the Parties that the ultimate credit risk and exposure of any Lender be in accordance with its overall Applicable Percentage of the Credit. Each Lender shall immediately indemnify the Issuing Banks Bank for that Lender's Applicable Percentage of any payment made by the Issuing Banks Bank in respect of an L/C for which the Issuing Banks Bank is not immediately reimbursed by the Borrower, and shall do all such things, including purchases of participations in Advances made by the Issuing BanksBank, as shall be required to ensure that result. Any such action on the part of the Lenders shall be binding on the Borrower. If the rating by Standard & Poors or Moxxx'x xf the non-credit-enhanced senior debt of any Lender (other than a Lender at the date of this Agreement) is at any time less than "A" or "A2" respectively, that Lender shall, if requested by an Issuing Bank, provide Cash Collateral (in a form satisfactory to the Issuing Bank acting reasonably) to secure that Lender's obligations with respect to L/Cs under this Section 5.1. (b) Each Lender acknowledges and agrees that its obligations under this Section 6.1 5.1 in respect of L/Cs are absolute, unconditional and irrevocable and shall not be affected by any circumstance whatsoever, including any amendment, renewal or extension of any L/C, the occurrence and continuance of a Default or the reduction or termination of its Commitment, and that any payment it is required to make pursuant to its obligations shall be made without any offset, abatement, withholding or reduction whatsoever. (c) If any Lender fails to take the actions required under this Section 6.15.1, the Agent may, without prejudice to the other rights of the Lenders, make such adjustments to the payments to the defaulting Defaulting Lender under this Agreement as are necessary to compensate the other Lenders for the defaulting Defaulting Lender's failure.

Appears in 1 contract

Samples: Fifth Amending Agreement (Iamgold Corp)

Lenders' Obligations Relating to L/Cs. (a) Notwithstanding that L/Cs are issued by the Issuing Banks, it is the intention of the Parties that the ultimate credit risk and exposure of any Lender be in accordance with its overall Applicable Percentage of the Credit. Each Lender shall immediately indemnify the Issuing Banks for that Lender's ’s Applicable Percentage of any payment made by the Issuing Banks in respect of an L/C for which the Issuing Banks is not immediately reimbursed by the applicable Borrower, and shall do all such things, including purchases of participations in Advances made by the Issuing Banks, as shall be required to ensure that result. Any such action on the part of the Lenders shall be binding on the BorrowerBorrowers. If the rating by Standard & Poors or Xxxxx’x of the non-credit-enhanced senior debt of any Lender (other than a Lender at the date of this Agreement) is at any time less than “A” or “A2” respectively, that Lender shall, if requested by either of the Issuing Banks, provide Cash Collateral (in a form satisfactory to the Issuing Banks acting reasonably) to secure that Lender’s obligations with respect to L/Cs under this Section 6.1. (b) Each Lender acknowledges and agrees that its obligations under this Section 6.1 in respect of L/Cs are absolute, unconditional and irrevocable and shall not be affected by any circumstance whatsoever, including any amendment, renewal or extension of any L/C, the occurrence and continuance of a Default or the reduction or termination of its Commitment, and that any payment it is required to make pursuant to its obligations shall be made without any offset, abatement, withholding or reduction whatsoever. (c) If any Lender fails to take the actions required under this Section 6.1, the Agent may, without prejudice to the other rights of the Lenders, make such adjustments to the payments to the defaulting Lender under this Agreement as are necessary to compensate the other Lenders for the defaulting Lender's ’s failure.

Appears in 1 contract

Samples: Credit Facility Agreement (HudBay Minerals Inc.)

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Lenders' Obligations Relating to L/Cs. (a) Notwithstanding that L/Cs are issued by the Issuing Banks, it is the intention of the Parties that the ultimate credit risk and exposure of any Lender be in accordance with its overall Applicable Percentage of the Credit. Each Lender shall immediately indemnify the Issuing Banks for that Lender's Applicable Percentage of any payment made by the Issuing Banks in respect of an L/C for which the Issuing Banks is not immediately reimbursed by the applicable Borrower, and shall do all such things, including purchases of participations in Advances made by the Issuing Banks, as shall be required to ensure that result. Any such action on the part of the Lenders shall be binding on the BorrowerBorrowers. (b) Each Lender acknowledges and agrees that its obligations under this Section 6.1 in respect of L/Cs are absolute, unconditional and irrevocable and shall not be affected by any circumstance whatsoever, including any amendment, renewal or extension of any L/C, the occurrence and continuance of a Default or the reduction or termination of its Commitment, and that any payment it is required to make pursuant to its obligations shall be made without any offset, abatement, withholding or reduction whatsoever. (c) If any Lender fails to take the actions required under this Section 6.1, the Agent may, without prejudice to the other rights of the Lenders, make such adjustments to the payments to the defaulting Lender under this Agreement as are necessary to compensate the other Lenders for the defaulting Lender's failure.

Appears in 1 contract

Samples: Credit Facility Agreement (HudBay Minerals Inc.)

Lenders' Obligations Relating to L/Cs. (a) Notwithstanding that L/Cs are issued by the Issuing Banks, it is the intention of the Parties that the ultimate credit risk and exposure of any Lender be in accordance with its overall Applicable Percentage of the Credit. Each Lender shall immediately indemnify the Issuing Banks for that Lender's ’s Applicable Percentage of any payment made by the Issuing Banks in respect of an L/C for which the Issuing Banks is not immediately reimbursed by the applicable Borrower, and shall do all such things, including purchases of participations in Advances made by the Issuing Banks, as shall be required to ensure that result. Any such action on the part of the Lenders shall be binding on the BorrowerBorrowers. If the rating by Standard & Poor’s or Xxxxx’x of the non-credit-enhanced senior debt of any Lender (other than a Lender at the Effective Date) is at any time less than “A” or “A2” respectively, that Lender shall, if requested by either of the Issuing Banks, provide Cash Collateral (in a form satisfactory to the Issuing Banks acting reasonably) to secure that Lender’s obligations with respect to L/Cs under this Section 6.1. (b) Each Lender acknowledges and agrees that its obligations under this Section 6.1 in respect of L/Cs are absolute, unconditional and irrevocable and shall not be affected by any circumstance whatsoever, including any amendment, renewal or extension of any L/C, the occurrence and continuance of a Default or the reduction or termination of its Commitment, and that any payment it is required to make pursuant to its obligations shall be made without any offset, abatement, withholding or reduction whatsoever. (c) If any Lender fails to take the actions required under this Section 6.1, the Agent may, without prejudice to the other rights of the Lenders, make such adjustments to the payments to the defaulting Lender under this Agreement as are necessary to compensate the other Lenders for the defaulting Lender's ’s failure.

Appears in 1 contract

Samples: Credit Facility Agreement (HudBay Minerals Inc.)

Lenders' Obligations Relating to L/Cs. (a) Notwithstanding that L/Cs are issued by the Issuing Banks, it is the intention of the Parties that the ultimate credit risk and exposure of any Lender be in accordance with its overall Applicable Percentage of the Credit. Each Lender shall immediately indemnify the Issuing Banks for that Lender's ’s Applicable Percentage of any payment made by the Issuing Banks in respect of an L/C for which the Issuing Banks is not immediately reimbursed by the applicable Borrower, and shall do all such things, including purchases of participations in Advances made by the Issuing Banks, as shall be required to ensure that result. Any such action on the part of the Lenders shall be binding on the BorrowerBorrowers. If the rating by S&P or Xxxxx’x of the non-credit-enhanced senior debt of any Lender (other than a Lender at the Effective Date) is at any time less than “A” or “A2” respectively, that Lender shall, if requested by either of the Issuing Banks, provide Cash Collateral (in a form satisfactory to the Issuing Banks acting reasonably) to secure that Lender’s obligations with respect to L/Cs under this Section 6.1. (b) Each Lender acknowledges and agrees that its obligations under this Section 6.1 in respect of L/Cs are absolute, unconditional and irrevocable and shall not be affected by any circumstance whatsoever, including any amendment, renewal or extension of any L/C, the occurrence and continuance of a Default or the reduction or termination of its Commitment, and that any payment it is required to make pursuant to its obligations shall be made without any offset, abatement, withholding or reduction whatsoever. (c) If any Lender fails to take the actions required under this Section 6.1, the Agent may, without prejudice to the other rights of the Lenders, make such adjustments to the payments to the defaulting Lender under this Agreement as are necessary to compensate the other Lenders for the defaulting Lender's ’s failure.

Appears in 1 contract

Samples: Credit Facility Agreement (HudBay Minerals Inc.)

Lenders' Obligations Relating to L/Cs. (a) Notwithstanding that L/Cs are issued by the Issuing BanksBank, it is the intention of the Parties that the ultimate credit risk and exposure of any Lender be in accordance with its overall Applicable Percentage of the Credit. Each Lender shall immediately indemnify the Issuing Banks Bank for that Lender's ’s Applicable Percentage of any payment made by the Issuing Banks Bank in respect of an L/C for which the Issuing Banks Bank is not immediately reimbursed by the Borrower, and shall do all such things, including purchases delivery of participations in indemnity agreements and assignments to other Lenders of Advances made by the Issuing BanksBank, as shall be required to ensure that result. Any such action on the part of the Lenders shall be binding on the Borrower. If the rating by Standard & Poors or Xxxxx’x of the non-credit-enhanced senior debt of any Lender (other than a Lender at the date of this Agreement) is at any time less than “A” or “A2” respectively, that Lender shall, if requested by an Issuing Bank, provide Cash Collateral (in a form satisfactory to the Issuing Bank acting reasonably) to secure that Lender’s obligations with respect to L/Cs under this Section 5.1. (b) Each Lender acknowledges and agrees that its obligations under this Section 6.1 5.1 in respect of L/Cs are absolute, unconditional and irrevocable and shall not be affected by any circumstance whatsoever, including any amendment, renewal or extension of any L/C, the occurrence and continuance of a Default or the reduction or termination of its Commitment, and that any payment it is required to make pursuant to its obligations shall be made without any offset, abatement, withholding or reduction whatsoever. (c) If any Lender fails to take the actions required under this Section 6.15.1, the Agent may, without prejudice to the other rights of the Lenders, make such adjustments to the payments to the defaulting Lender under this Agreement as are necessary to compensate the other Lenders for the defaulting Lender's ’s failure.

Appears in 1 contract

Samples: Credit Agreement (Iamgold Corp)

Lenders' Obligations Relating to L/Cs. (a) Notwithstanding that L/Cs are issued by the Issuing Banks, it is the intention of the Parties that the ultimate credit risk and exposure of any Lender be in accordance with its overall Applicable Percentage of the Credit. Each Lender shall immediately indemnify the relevant Issuing Banks Bank for that Lender's ’s Applicable Percentage of any payment made by the an Issuing Banks Bank in respect of an L/C for which the relevant Issuing Banks Bank is not immediately reimbursed by the Borrower, and shall do all such things, including purchases of participations in Advances made by the relevant Issuing BanksBank, as shall be required to ensure that result. Any such action on the part of the Lenders shall be binding on the Borrower. If the rating by any one or both of S&P or Mxxxx’x of the non-credit-enhanced long-term senior debt of any Lender (other than a Lender at the date of this Agreement) is at any time less than “A” or “A2” respectively, that Lender shall, if requested by the relevant Issuing Bank, provide Cash Collateral (in a form satisfactory to the relevant Issuing Bank acting reasonably) to secure that Lender’s obligations with respect to L/Cs under this Section 6.1. (b) Each Lender acknowledges and agrees that its obligations under this Section 6.1 in respect of L/Cs are absolute, unconditional and irrevocable and shall not be affected by any circumstance whatsoever, including any amendment, renewal or extension of any L/C, the occurrence and continuance of a Default or the reduction or termination of its Commitment, and that any payment it is required to make pursuant to its obligations shall be made without any offset, abatement, withholding or reduction whatsoever. (c) If any Lender fails to take the actions required under this Section 6.1, the Agent may, without prejudice to the other rights of the Lenders, make such adjustments to the payments to the defaulting Lender under this Agreement as are necessary to compensate the other Lenders for the defaulting Lender's ’s failure.

Appears in 1 contract

Samples: Credit Agreement (Maverix Metals Inc.)

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