Means of Reimbursement Sample Clauses

Means of Reimbursement. Forthwith upon its receipt of a notice referred to in Section 2.15.3 hereof, Borrower shall advise Agent whether or not Borrower intends to obtain a Loan to finance its obligation to reimburse the Issuing Bank for the amount of the related demand for payment and, if it does, submit a notice of such borrowing as provided in this Agreement. In the event that Borrower fails to so advise Agent, and if Borrower fails to reimburse the Issuing Bank for a demand for payment under a Letter of Credit by the date of such payment, Agent shall give each Lender prompt notice of the amount of the demand for payment, specifying such Lender's Pro Rata Share of the amount of the related demand for payment, and Borrower shall be deemed in default hereunder for breaching Section 2.15.3 above.
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Means of Reimbursement. Forthwith upon its receipt of a notice referred to in Section 2.15.3 hereof, unless BAM shall promptly either (i) advise Agent that BAM, on behalf of Borrowers, does not intend to obtain a Committed Loan to finance its obligation to reimburse the Issuing Bank for the amount of the related demand for payment or (ii) submit a Borrowing Notice as provided in this Agreement sufficient to finance its obligation to reimburse the Issuing Bank for the amount of the related demand for payment, BAM, on behalf of Borrowers, shall be deemed to irrevocably have made a request for a Base Rate Loan sufficient to reimburse the Issuing Bank for the amount of the related demand for payment. Any such Committed Loan shall only be advanced if Borrowers are entitled to obtain such a Committed Loan pursuant to the terms hereof. If BAM fails to reimburse the Issuing Bank for a demand for payment under a Letter of Credit by the date of such payment (whether due to not being entitled for a Committed Loan requested or deemed requested under this Section 2.15.4 or due to failure to reimburse the Issuing Bank for such demand for payment, after advising Agent that it does not intend to obtain a Loan to finance such obligation), Agent shall give each Lender prompt notice of the amount of the demand for payment, specifying such Lender's Pro Rata Share of the amount of the related demand for payment, and Borrowers shall be deemed in default hereunder for breaching Section 2.15.3 above.
Sample 1
Means of Reimbursement. Forthwith upon its receipt of a notice referred to in Section 2.16.3 hereof, Borrower shall advise Agent whether or not Borrower intends to obtain a Loan to finance its obligation to reimburse NationsBank for the amount of the related demand for payment and, if it does, submit a notice of such borrowing as provided in this Agreement. In the event that Borrower fails to so advise Agent, and if Borrower fails to reimburse NationsBank for a demand for payment under a Letter of Credit by the date of such payment, Agent shall give each Lender prompt notice of the amount of the demand for payment, specifying such Lender's Pro Rata Share of the amount of the related demand for payment, and Borrower shall be deemed in default hereunder for breaching Section 2.16.3 above.
Sample 1
Means of Reimbursement. 23 2.16.5 Payments by Lenders............................................................................24 2.16.6 Settlement Among Lenders.......................................................................24 2.16.7 Letter of Credit Fee...........................................................................24 2.16.8 Letter of Credit Information...................................................................25 2.16.9 Conditions Relating to Letters of Credit.......................................................25 2.16.10 Payments Among Lenders.........................................................................25 2.16.11 Modifications..................................................................................25 2.16.12 Absolute Obligations of Borrowers..............................................................25 2.16.13 Indemnification................................................................................27 2.16.14 Assumption of Risk.............................................................................27 2.16.15 Reserves.......................................................................................27 2.17. Swingline Loans................................................................................28 2.17.1 Use of Proceeds of Swingline Loans.............................................................28 2.17.2 Swingline Note.................................................................................28 2.17.3 Funding of Swingline Loans Advanced Pursuant to Borrowing Notices..............................28 2.17.3 (a) Applicability................................................................................28 2.17.3 (b) Borrowing Notices............................................................................28 2.17.3 (c) Funding of Swingline Loans...................................................................28 2.17.4 Funding of Swingline Loans Advanced Pursuant to Cash Management Accounts............................................................................29 2.17.4 (a) Funding and Payment Procedures Controlled by Account Agreements..............................29 2.17.4 (b) Certain Provisions Controlled by this Agreement..............................................29 2.17.4 (c) Continuing Warranty Under Account Agreements.................................................29 2.17.5 Implied Representations Upon Request for Swingline Loan........................................29 2.17.6 Advan...
Sample 1
Means of Reimbursement. Forthwith upon its receipt of a notice referred to in Section 2.16.3 hereof, PLC shall advise the Administrative Agent whether or not PLC, on behalf of Borrowers, intends to obtain a Loan to finance its obligation to reimburse the Administrative Agent for the amount of the related demand for payment and, if it does, submit a notice of such borrowing as provided in this Agreement. In the event that PLC fails to so advise the Administrative Agent, and if PLC fails to reimburse the Administrative Agent for a demand for payment under a Letter of Credit by the date of such payment, the Administrative Agent shall give each Lender prompt notice of the amount of the demand for payment, specifying such Lender’s Pro Rata Share of the amount of the related demand for payment, and Borrowers shall be deemed in default hereunder for breaching Section 2.16.3 above.
Sample 1

Related to Means of Reimbursement

  • Manner of Reimbursement Upon its receipt of a notice referred to in the immediately preceding subsection (d), the Borrower shall advise the Administrative Agent and the Issuing Bank whether or not the Borrower intends to borrow hereunder to finance its obligation to reimburse the Issuing Bank for the amount of the related demand for payment and, if it does, the Borrower shall submit a timely request for such borrowing as provided in the applicable provisions of this Agreement. If the Borrower fails to so advise the Administrative Agent and the Issuing Bank, or if the Borrower fails to reimburse the Issuing Bank for a demand for payment under a Letter of Credit by the date of such payment, the failure of which the Issuing Bank shall promptly notify the Administrative Agent, then (i) if the applicable conditions contained in Article VI would permit the making of Revolving Loans, the 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 Administrative Agent shall give each Revolving Lender prompt notice of the amount of the Revolving Loan to be made available to the Administrative Agent not later than 12:00 noon Central time and (ii) if such conditions would not permit the making of Revolving Loans, the provisions of subsection (j) of this Section shall apply. The limitations set forth in the second sentence of Section 2.1(a) (regarding minimum amounts and integral multiples) shall not apply to any borrowing of Base Rate Loans under this subsection.

  • Payment of Reimbursement Amount To effect the expense reimbursement provided for in this Agreement, the Fund may offset the appropriate Reimbursement Amount against the management fees, Rule 12b-1 fees and/or shareholder servicing fees payable under the Investment Management Agreement, Rule 12b-1 Plan and/or the Shareholder Servicing Agreement. Alternatively, the Reimbursement Amount shall be paid directly by IICO, IDI and/or WISC. Such offset shall be taken, or such direct payment shall be paid, two times per year within 30 days following the date of a Fund’s applicable semi-annual or annual reporting period.

  • Payment of Reimbursement Obligations (a) The Borrower agrees to pay to the Administrative Agent for the account of the Issuing Bank the amount of all Advances for Reimbursement Obligations, interest and other amounts payable to the Issuing Bank under or in connection with any Facility Letter of Credit when due, irrespective of any claim, set-off, defense or other right which the Borrower may have at any time against any Issuing Bank or any other Person, under all circumstances, including without limitation any of the following circumstances:

  • Lender Reimbursement Each Lender severally agrees to pay any amount required to be paid by any Borrower under paragraphs (a), (b) or (c) of this Section 9.5 to the Administrative Agent and each Related Party of any of the foregoing Persons (each, an “Agent-Related Person”) (to the extent not reimbursed by such Borrower and without limiting the obligation of the Borrowers to do so), ratably according to their respective Commitment Percentage in effect on the date on which such payment is sought under this Section (or, if such payment is sought after the date upon which the Commitments shall have terminated and the Loans shall have been paid in full, ratably in accordance with such Commitment Percentage immediately prior to such date), from and against any and all Liabilities and related expenses, including the fees, charges and disbursements of any kind whatsoever that may at any time (whether before or after the payment of the Loans) be imposed on, incurred by or asserted against such Agent-Related Person in any way relating to or arising out of the Commitments, this Agreement, any of the other Loan Documents or any documents contemplated by or referred to herein or therein or the transactions contemplated hereby or thereby or any action taken or omitted by such Agent-Related Person under or in connection with any of the foregoing; provided that the unreimbursed expense or Liability or related expense, as the case may be, was incurred by or asserted against such Agent-Related Person in its capacity as such; provided further that no Lender shall be liable for the payment of any portion of such Liabilities, costs, expenses or disbursements that are found by a final and nonappealable decision of a court of competent jurisdiction to have resulted primarily from such Agent-Related Party’s gross negligence or willful misconduct. The agreements in this Section shall survive the termination of this Agreement and the payment of the Loans and all other amounts payable hereunder.

  • Cost Reimbursement Retrocessionaire shall reimburse for its allocated share of all costs and expenses incurred by Retrocedant in administering the Reinsurance Contracts as set forth in Exhibit H hereto.

  • Reimbursement If any Purchaser becomes involved in any capacity in any Proceeding by or against any Person who is a stockholder of the Company (except as a result of sales, pledges, margin sales and similar transactions by such Purchaser to or with any current stockholder), solely as a result of such Purchaser’s acquisition of the Securities under this Agreement, the Company will reimburse such Purchaser for its reasonable legal and other expenses (including the cost of any investigation preparation and travel in connection therewith) incurred in connection therewith, as such expenses are incurred. The reimbursement obligations of the Company under this paragraph shall be in addition to any liability which the Company may otherwise have, shall extend upon the same terms and conditions to any Affiliates of the Purchasers who are actually named in such action, proceeding or investigation, and partners, directors, agents, employees and controlling persons (if any), as the case may be, of the Purchasers and any such Affiliate, and shall be binding upon and inure to the benefit of any successors, assigns, heirs and personal representatives of the Company, the Purchasers and any such Affiliate and any such Person. The Company also agrees that neither the Purchasers nor any such Affiliates, partners, directors, agents, employees or controlling persons shall have any liability to the Company or any Person asserting claims on behalf of or in right of the Company solely as a result of acquiring the Securities under this Agreement.

  • Compensation; Reimbursement At the closing of each Offering (each, a “Closing”), the Company shall compensate Xxxxxxxxxx as follows:

  • Reimbursement Payments The following rules shall apply to payments of any amounts under this Agreement that are treated as “reimbursement payments” under Section 409A, including, but not limited to, any payments provided under Section 4.3: (i) the amount of expenses eligible for reimbursement in one calendar year shall not limit the available reimbursements for any other calendar year; (ii) Executive shall file a claim for all reimbursement payments not later than thirty (30) days following the end of the calendar year during which the expenses were incurred, (iii) the Company shall make such reimbursement payments within thirty (30) days following the date Executive delivers written notice of the expenses to the Company; and (iv) Executive’s right to such reimbursement payments shall not be subject to liquidation or exchange for any other payment or benefit.

  • Loss Reimbursement Subadviser shall reimburse the Account for any material error to the Fund's net asset value caused by Subadviser's breach of its standard of care, as set forth in the following sentence that is a direct cause of a delay in the accurate daily pricing of the Fund. In managing the Account, Subadviser shall act with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims.

  • Applicable Reimbursement Level and Term of Reimbursement For the period from August 1, 2016 through July 31, 2017, to the extent that the total annual ordinary fund operating expenses of Class Y shares of any Fund exceeds the total annual ordinary fund operating expenses of the Class A shares of that Fund, IDI and/or WISC agrees to reimburse sufficient Rule 12b-1 fees and/or shareholder servicing fees to ensure that the total annual ordinary fund operating expenses of such Class Y shares do not exceed the total annual ordinary fund operating expenses of the Class A shares of that Fund, as calculated at the end of each month (the “Reimbursement Amount”).

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