Common use of Loans of Lenders Clause in Contracts

Loans of Lenders. Each Borrower authorizes the Administrative Agent and the Swingline Lender to charge such Borrower's account with the Administrative Agent (up to the amount available in such account) in order to pay immediately to the Swingline Lender the amount of such Refunded Swingline Loans to the extent amounts received from Lenders, including amounts deemed to be received from the Swingline Lender, are not sufficient to repay in full such Refunded Swingline Loans. If any portion of any such amount paid (or deemed to be paid) to the Swingline Lender should be recovered by or on behalf of a Borrower from the Swingline Lender in bankruptcy, by assignment for the benefit of creditors or otherwise, the loss of the amount so recovered shall be ratably shared among all Lenders in the manner contemplated by Section 2.17. Subject to the proviso contained in the first sentence of the preceding paragraph and to the compliance by the Swingline Lender with the provisions of subparagraph (vii) below, each Lender's obligation to make the Revolving Loans referred to in this paragraph shall be absolute and unconditional and shall not be affected by any circumstance, including (A) any setoff, counterclaim, recoupment, defense or other right which such Lender may have against the Swingline Lender, either Borrower or any other Person for any reason whatsoever; (B) the occurrence or continuance of an Event of Default or a Default; (C) any adverse change in the condition (financial or otherwise) of any of the Borrowers or the Subsidiaries; (D) any breach of this Agreement or any other Loan Document by any of the Loan Parties or any other Lender; or (E) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing. Nothing in this Section 2.01(c) shall be deemed to relieve any Lender from its obligation to fulfill its Commitments hereunder or to prejudice any rights that either Borrower or the Swingline Lender may have against any Lender as a result of any default by such Lender hereunder.

Appears in 1 contract

Samples: Credit Agreement (Bar Technologies Inc)

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Loans of Lenders. Each The Borrower authorizes the Administrative Agent and the Swingline Lender to charge such the Borrower's account with the Administrative Agent (up to the amount available in such account) in order to pay immediately to the Swingline Lender the amount of such Refunded Swingline Loans to the extent amounts received from Lenders, including amounts deemed to be received from the Swingline Lender, are not sufficient to repay in full such Refunded Swingline Loans. If any portion of any such amount paid (or deemed to be paid) to the Swingline Lender should be recovered by or on behalf of a the Borrower from the Swingline Lender in bankruptcy, by assignment for the benefit of creditors or otherwise, the loss of the amount so recovered shall be ratably shared among all Lenders in the manner contemplated by Section 2.17. Subject to the proviso contained in the first sentence of the preceding paragraph and to the compliance by the Swingline Lender with the provisions of subparagraph (vii) below, each Lender's obligation to make the Revolving Loans referred to in this paragraph shall be absolute and unconditional and shall not be affected by any circumstance, including (A) any setoff, counterclaim, recoupment, defense or other right which such Lender may have against the Swingline Lender, either the Borrower or any other Person for any reason whatsoever; (B) the occurrence or continuance of an Event of Default or a Default; (C) any adverse change in the condition (financial or otherwise) of Holdings or any of the Borrowers or the Subsidiariesits subsidiaries; (D) any breach of this Agreement or any other Loan Document by any of Holdings, the Loan Parties Borrower or any other Lender; or (E) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing. Nothing in this Section 2.01(c) shall be deemed to relieve any Lender from its obligation to fulfill its Commitments hereunder or to prejudice any rights that either the Borrower or the Swingline Lender may have against any Lender as a result of any default by such Lender hereunder.

Appears in 1 contract

Samples: Credit Agreement (Volume Services America Holdings Inc)

Loans of Lenders. Each The Borrower authorizes the Administrative Agent and the Swingline Lender to charge such the Borrower's account with the Administrative Agent (up to the amount available in such account) in order to pay immediately to the Swingline Lender the amount of such Refunded Swingline Loans to the extent amounts received from Lenders, including amounts deemed to be received from the Swingline Lender, are not sufficient to repay in full such Refunded Swingline Loans. If any portion of any such amount paid (or deemed to be paid) to the Swingline Lender should be recovered by or on behalf of a the Borrower from the Swingline Lender in bankruptcy, by assignment for the benefit of creditors or otherwise, the loss of the amount so recovered shall be ratably shared among all Lenders in the manner contemplated by Section 2.17. Subject to the proviso contained in the first sentence of the preceding paragraph and to the compliance by the Swingline Lender with the provisions of subparagraph (vii) below, each Lender's obligation to make the Revolving Loans referred to in this paragraph shall be absolute and unconditional and shall not be affected by any circumstance, including (A) any setoff, counterclaim, recoupment, defense or other right which such Lender may have against the Swingline Lender, either the Borrower or any other Person for any reason whatsoever; (B) the occurrence or continuance of an Event of Default or a Default; (C) any adverse change in the condition (financial or otherwise) of UCAR or any of the Borrowers or the Subsidiariesits subsidiaries; (D) any breach of this Agreement or any by UCAR, the Borrower, the other Loan Document by any of the Loan Credit Parties or any other Lender; or (E) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing. Nothing in this Section 2.01(c) shall be deemed to relieve any Lender from its obligation to fulfill its Commitments hereunder or to prejudice any rights that either the Borrower or the Swingline Lender may have against any Lender as a result of any default by such Lender hereunder.

Appears in 1 contract

Samples: Credit Agreement (Ucar International Inc)

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Loans of Lenders. Each The Borrower authorizes the Administrative Agent and the Swingline Lender to charge such the Borrower's account with the Administrative Agent (up to the amount available in such account) in order to pay immediately to the Swingline Lender the amount of such Refunded Swingline Loans to the extent amounts received from Lenders, including amounts deemed to be received from the Swingline Lender, are not sufficient to repay in full such Refunded Swingline Loans. If any portion of any such amount paid (or deemed to be paid) to the Swingline Lender should be recovered by or on behalf of a the Borrower from the Swingline Lender in bankruptcy, by assignment for the benefit of creditors or otherwise, the loss of the amount so recovered shall be ratably shared among all Lenders in the manner contemplated by Section 2.172.14. Subject to the proviso contained in the first sentence of the preceding paragraph (c) and to the compliance by the Swingline Lender with the provisions of subparagraph (viig) below, each Lender's obligation to make the Revolving Credit Loans referred to in this paragraph shall be absolute and unconditional and shall not be affected by any circumstance, including (A) any setoff, counterclaim, recoupment, defense or other right which such Lender may have against the Swingline Lender, either the Borrower or any other Person for any reason whatsoever; (B) the occurrence or continuance of an Event of Default or a Default, except to the extent that a Lender notified the Swingline Lender in writing that a Default or Event of Default has occurred and is continuing, at least one Business Day prior to the date that such Swingline Loan was made to the Borrower; (C) any adverse change in the condition (financial or otherwise) of any of the Borrowers or the SubsidiariesLoan Party; (D) any breach of this Agreement or any other Loan Document by any of the Loan Parties or any other Lenderparty hereto; or (E) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing. Nothing in this Section 2.01(c2.3(d) shall be deemed to relieve any Lender from its obligation to fulfill its Commitments hereunder or to prejudice any rights that either the Borrower or the Swingline Lender may have against any Lender as a result of any default by such Lender hereunder.

Appears in 1 contract

Samples: Credit Agreement (Service America of Texas Inc)

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