Common use of Manner of Reimbursement Clause in Contracts

Manner of Reimbursement. Upon its receipt of a notice referred to in the immediately preceding subsection (d), the MG Borrower shall advise the Issuing Bank whether or not the Borrowers intend to borrow hereunder to finance their obligation to reimburse the Issuing Bank for the amount of the related demand for payment and, if it does, the MG Borrower shall submit a timely request for such borrowing of Loans as provided in the applicable provisions of this Agreement. If the MG Borrower fails to so advise the Issuing Bank, or if the Borrowers fail to reimburse the Issuing Bank for a demand for payment under a Letter of Credit by the date of such payment, then (i) if the applicable conditions contained in Article VI. would permit the making of Loans, the Borrowers shall be deemed to have requested a borrowing of Loans in an amount equal to the unpaid Reimbursement Obligation and the Issuing Bank shall give each Lender prompt notice of the amount of the Loan to be made available to the Issuing Bank not later than the applicable time specified in Section 2.2.(j) and (ii) if such conditions would not permit the making of Loans, the provisions of subsection (j) of this Section shall apply. The limitations of Section 3.6.(a) shall not apply to any borrowing of Base Rate Loans under this subsection.

Appears in 1 contract

Samples: Credit Agreement (Morgans Hotel Group Co.)

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Manner of Reimbursement. Upon its receipt of a notice referred to in the immediately preceding subsection (dSection 2.4(d), the MG Borrower shall advise the Agent and the Issuing Bank Lender whether or not the Borrowers intend Borrower intends to borrow hereunder to finance their its obligation to reimburse the Issuing Bank Lender for the amount of the related demand for payment and, if it does, the MG Borrower shall submit a timely request for such borrowing of Loans as provided in the applicable provisions of this Agreementpayment. If the MG Borrower fails to so advise the Agent and the Issuing BankLender, or if the Borrowers fail Borrower fails to reimburse the Issuing Bank Lender for a demand for payment under a Letter of Credit by the date of such payment, then (i) if the applicable conditions contained in Article VI. V would permit the making of Revolving Loans, the Borrowers Borrower shall be deemed to have requested a borrowing of Revolving Loans (which shall be Base Rate Loans) in an amount equal to the unpaid Reimbursement Obligation and the Issuing Bank Agent shall give each Revolving Loan Lender prompt notice (which shall be no later than 12:00 p.m.) of the amount of the Revolving Loan to be made available to the Agent for the account of the Issuing Bank Lender not later than the applicable time specified in Section 2.2.(j) 2:00 p.m. and (ii) if such conditions would not permit the making of Revolving Loans, the provisions of subsection (jSection 2.4(j) of this Section shall apply. The limitations of Section 3.6.(a3.5(a) shall not apply to any borrowing of Base Rate Loans under this subsection.

Appears in 1 contract

Samples: Credit Agreement (Colonial Properties Trust)

Manner of Reimbursement. Upon its receipt of a notice referred to in the immediately preceding subsection (dSection 2.4(d), the MG Borrower shall advise the Agent and the Issuing Bank Lender whether or not the Borrowers intend Borrower intends to borrow hereunder to finance their its obligation to reimburse the Issuing Bank Lender for the amount of the related demand for payment and, if it does, the MG Borrower shall submit a timely request for such borrowing of Loans as provided in the applicable provisions of this Agreementpayment. If the MG Borrower fails to so advise the Agent and the Issuing BankLender, or if the Borrowers fail Borrower fails to reimburse the Issuing Bank Lender for a demand for payment under a Letter of Credit by the date of such payment, then (i) if the applicable conditions contained in Article VI. V would permit the making of Revolving Loans, the Borrowers Borrower shall be deemed to have requested a borrowing of Revolving Loans (which shall be Base Rate Loans) in an amount equal to the unpaid Reimbursement Obligation and the Issuing Bank Agent shall give each Revolving Loan Lender prompt notice (which shall be no later than 12:00 p.m.) of the amount of the Revolving Loan to be made available to the Agent for the account of the Issuing Bank Lender not later than the applicable time specified in Section 2.2.(j) 1:00 p.m. and (ii) if such conditions would not permit the making of Revolving Loans, the provisions of subsection (jSection 2.4(j) of this Section shall apply. The limitations of Section 3.6.(a3.5(a) shall not apply to any borrowing of Base Rate Loans under this subsection.

Appears in 1 contract

Samples: Credit Agreement (Parkway Properties Inc)

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Manner of Reimbursement. Upon its receipt of a notice referred to in the immediately preceding subsection (dSection 2.4(d), the MG Borrower Borrowers shall advise the Agent and the Issuing Bank Lender whether or not the Borrowers intend to borrow hereunder to finance their its obligation to reimburse the Issuing Bank Lender for the amount of the related demand for payment and, if it does, the MG Borrower shall submit a timely request for such borrowing of Loans as provided in the applicable provisions of this Agreementpayment. If the MG Borrower fails Borrowers fail to so advise the Agent and the Issuing BankLender, or if the Borrowers fail to reimburse the Issuing Bank Lender for a demand for payment under a Letter of Credit by the date of such payment, then (i) if the applicable conditions contained in Article VI. V would permit the making of Revolving Loans, the Borrowers shall be deemed to have requested a borrowing of Revolving Loans (which shall be Base Rate Loans) in an amount equal to the unpaid Reimbursement Obligation and the Issuing Bank Agent shall give each Lender prompt notice (which shall be no later than 12:00 p.m.) of the amount of the Revolving Loan to be made available to the Agent for the account of the Issuing Bank Lender not later than the applicable time specified in Section 2.2.(j) 1:00 p.m. and (ii) if such conditions would not permit the making of Revolving Loans, the provisions of subsection (jSection 2.4(j) of this Section shall apply. The limitations of Section 3.6.(a3.5(a) shall not apply to any borrowing of Base Rate Loans under this subsection. This subsection shall be subject to the terms of Section 2.4(l) with respect to the reimbursement of an advance pursuant to a Gables Bond Enhancement Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Gables Realty Limited Partnership)

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