Common use of Nature of Participation and Reimbursement Obligations Clause in Contracts

Nature of Participation and Reimbursement Obligations. Each Lender’s obligation in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of Borrowers to reimburse Agent upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 under all circumstances, including the following circumstances:

Appears in 49 contracts

Samples: Credit and Security Agreement (ARKO Corp.), Credit and Security Agreement (ARKO Corp.), Credit and Security Agreement (ARKO Corp.)

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Nature of Participation and Reimbursement Obligations. Each Lender’s obligation in accordance with this Agreement to make the Revolving Advances Credit Loans or Participation Advances Advances, as contemplated by Section 2.9.3 [Disbursements, Reimbursement], as a result of a drawing under a Letter of Credit, and the obligations Obligations of Borrowers the Borrower to reimburse Agent the Issuing Lender upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 2.9 under all circumstances, including the following circumstances:

Appears in 35 contracts

Samples: Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp), Credit Agreement (Hallador Energy Co)

Nature of Participation and Reimbursement Obligations. Each Lender’s The obligation of each Lender holding a Revolving Commitment in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of Borrowers to reimburse Agent Issuer upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 2.18 under all circumstances, including the following circumstances:

Appears in 32 contracts

Samples: Guaranty and Security Agreement (Dril-Quip Inc), Revolving Credit and Security Agreement (Virco MFG Corporation), Security Agreement (Dril-Quip Inc)

Nature of Participation and Reimbursement Obligations. Each Lender’s 's obligation in accordance with this Agreement to make the Revolving Advances Credit Loans or Participation Advances Advances, as contemplated by Section 2.9.3 [Disbursements, Reimbursement], as a result of a drawing under a Letter of Credit, and the obligations Obligations of Borrowers the Borrower to reimburse Agent the Issuing Lender upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 2.9 under all circumstances, including the following circumstances:

Appears in 14 contracts

Samples: Credit Agreement (K12 Inc), Credit Agreement (Pegasystems Inc), Credit Agreement (Hallador Energy Co)

Nature of Participation and Reimbursement Obligations. Each Lender’s obligation in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of Borrowers Borrower to reimburse Agent upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 under all circumstances, including the following circumstances:

Appears in 13 contracts

Samples: Security Agreement (Perma Fix Environmental Services Inc), Security Agreement (Perma Fix Environmental Services Inc), Security Agreement (Perma Fix Environmental Services Inc)

Nature of Participation and Reimbursement Obligations. Each Lender’s The obligation of each Revolving Lender in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of Borrowers to reimburse Agent Issuer upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 2.18 under all circumstances, including the following circumstances:

Appears in 12 contracts

Samples: Revolving Credit and Security Agreement (Ugi Corp /Pa/), Security Agreement (Williams Industrial Services Group Inc.), Revolving Credit and Security Agreement (Williams Industrial Services Group Inc.)

Nature of Participation and Reimbursement Obligations. Each Lender’s obligation in accordance with this Agreement to make the Revolving Advances or Participation Advances Advances, as contemplated by Section 2.8(b), as a result of a drawing under a Letter of Credit, and the obligations Obligations of the Borrowers to reimburse Agent the Issuer upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 2.8 (and Section 3.2) under all circumstances, including the following circumstances:

Appears in 9 contracts

Samples: Credit and Security Agreement (Emerge Energy Services LP), Credit and Security Agreement (Emerge Energy Services LP), Credit and Security Agreement (Emerge Energy Services LP)

Nature of Participation and Reimbursement Obligations. Each Lender’s obligation in accordance with this Agreement to make the Revolving Advances Loans or Participation Advances Revolving Loans as a result of a drawing under a Letter of Credit, and the obligations of the Borrowers to reimburse the Administrative Agent upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 2.03 under all circumstances, including the following circumstances:

Appears in 8 contracts

Samples: Abl Credit Agreement (Steinway Musical Instruments Holdings, Inc.), Abl Credit Agreement (Steinway Musical Instruments Holdings, Inc.), Abl Credit Agreement (Steinway Musical Instruments Holdings, Inc.)

Nature of Participation and Reimbursement Obligations. Each Lender’s The obligation of each Lender holding a Revolving Commitment in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of Borrowers to reimburse Agent the applicable Issuer upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 2.18 under all circumstances, including the following circumstances:

Appears in 6 contracts

Samples: Credit and Security Agreement (Quantum Corp /De/), Credit and Security Agreement (Quantum Corp /De/), Credit and Security Agreement (Quantum Corp /De/)

Nature of Participation and Reimbursement Obligations. Each Lender’s 's obligation in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of Borrowers to reimburse Agent upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 under all circumstances, including the following circumstances:

Appears in 4 contracts

Samples: Castle a M & Co, Credit and Security Agreement (Compudyne Corp), Revolving Credit and Security Agreement (Lesco Inc/Oh)

Nature of Participation and Reimbursement Obligations. Each Lender’s obligation in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of Borrowers the Borrower to reimburse Agent the LC Bank upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 Agreement and under all circumstances, including the following circumstances:

Appears in 4 contracts

Samples: Omnibus Amendment (CONSOL Energy Inc.), Receivables Financing Agreement (Covia Holdings Corp), Omnibus Amendment (CONSOL Energy Inc.)

Nature of Participation and Reimbursement Obligations. Each Lender’s obligation in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of Borrowers to reimburse Agent upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 2.15 under all circumstances, including the following circumstances:

Appears in 4 contracts

Samples: Revolving Credit and Security Agreement (Virco MFG Corporation), Security Agreement (Virco MFG Corporation), Security Agreement (Hutchinson Technology Inc)

Nature of Participation and Reimbursement Obligations. Each Lender’s Bank's obligation in accordance with this Agreement to make the Revolving Advances Loans or Participation Advances Advances, as contemplated by Section 2.9.3, as a result of a drawing under a Letter of Credit, and the obligations Obligations of the Borrowers to reimburse the Agent upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 2.9 under all circumstances, including the following circumstances:

Appears in 3 contracts

Samples: Credit Agreement (Primesource Corp), Revolving Credit Agreement (Tb Woods Corp), Credit Agreement (Primesource Corp)

Nature of Participation and Reimbursement Obligations. Each Lender’s obligation in accordance with this Agreement to make the Revolving Advances Loans or Participation Advances Advances, as contemplated by Section 2.9.3, as a result of a drawing under a Letter of Credit, and the obligations Obligations of Borrowers the Borrower to reimburse the Agent upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 2.9 under all circumstances, including the following circumstances:

Appears in 3 contracts

Samples: Credit Agreement (Penn Virginia Resource Partners L P), Credit Agreement (Penn Virginia Resource Partners L P), Credit Agreement (Penn Virginia Resource Partners L P)

Nature of Participation and Reimbursement Obligations. Each Lender’s obligation in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of US Borrowers to reimburse Agent upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 under all circumstances, including the following circumstances:

Appears in 2 contracts

Samples: Security Agreement (Avatech Solutions Inc), Security Agreement (Stream Global Services, Inc.)

Nature of Participation and Reimbursement Obligations. Each Lender’s obligation in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of Borrowers Borrower to reimburse Agent upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 2.15 under all circumstances, including the following circumstances:

Appears in 2 contracts

Samples: Security Agreement (Berliner Communications Inc), Security Agreement (P&f Industries Inc)

Nature of Participation and Reimbursement Obligations. Each Lender’s obligation in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of the applicable Borrowers to reimburse Agent upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 under all circumstances, including the following circumstances:

Appears in 2 contracts

Samples: Subordination Agreement (Twist Beauty S.a r.l. & Partners S.C.A.), Revolving Credit, Term Loan and Security Agreement (Twist Beauty S.a r.l. & Partners S.C.A.)

Nature of Participation and Reimbursement Obligations. Each LenderRevolving Xxxxxx’s obligation in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of Borrowers to reimburse Agent upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 2.17 under all circumstances, including the following circumstances:

Appears in 2 contracts

Samples: Guaranty Agreement (Drilling Tools International Corp), Guaranty Agreement (ROC Energy Acquisition Corp.)

Nature of Participation and Reimbursement Obligations. Each Lender’s obligation in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of Borrowers to reimburse Agent upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 under all circumstances, including including, without limitation, the following circumstances:

Appears in 2 contracts

Samples: Credit and Security Agreement (Akrion, Inc.), Credit and Security Agreement (Akrion, Inc.)

Nature of Participation and Reimbursement Obligations. Each Lender’s obligation in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of Borrowers to reimburse Agent upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 2.14 under all circumstances, including the following circumstances:

Appears in 2 contracts

Samples: Loan and Security Agreement (Swenson Granite Co LLC), Security Agreement (Phosphate Holdings, Inc.)

Nature of Participation and Reimbursement Obligations. Each Lender’s The obligation of each Lender holding a Revolving Commitment in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of the Borrowers to reimburse Agent any Issuer upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 2.17 under all circumstances, including the following circumstances:

Appears in 2 contracts

Samples: Credit and Security Agreement (Invacare Corp), Credit and Security Agreement (Invacare Corp)

Nature of Participation and Reimbursement Obligations. Each Lender’s obligation in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of Borrowers Borrower to reimburse Agent upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 2.14(a) under all circumstances, including the following circumstances:

Appears in 2 contracts

Samples: Revolving Credit and Security Agreement (Horsehead Holding Corp), Revolving Credit and Security Agreement (Horsehead Holding Corp)

Nature of Participation and Reimbursement Obligations. Each Lender’s 's obligation in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations Obligations of Borrowers to reimburse Agent upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 2.15 under all circumstances, including the following circumstances:

Appears in 1 contract

Samples: Credit and Security Agreement (Allegheny Technologies Inc)

Nature of Participation and Reimbursement Obligations. Each Lender’s obligation in accordance with this Agreement and any L/C-Related Document to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of Borrowers Borrower to reimburse Agent and Issuing Bank upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 Agreement and each such other L/C-Related Document under all circumstances, including the following circumstances:

Appears in 1 contract

Samples: Term Loan and Security Agreement (Perma Fix Environmental Services Inc)

Nature of Participation and Reimbursement Obligations. Each Lender’s obligation in accordance with this Agreement to make the Revolving Advances or Participation Advances or fund a Letter of Credit Borrowing as a result of a drawing under a Letter of Credit, and the obligations of Borrowers Borrower to reimburse Agent upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 2.14 under all circumstances, including the following circumstances:

Appears in 1 contract

Samples: Security Agreement (Apac Customer Service Inc)

Nature of Participation and Reimbursement Obligations. Each Revolving Lender’s obligation in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of US Borrowers to reimburse Agent upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 under all circumstances, including the following circumstances:

Appears in 1 contract

Samples: Security Agreement (Stream Global Services, Inc.)

Nature of Participation and Reimbursement Obligations. Each Lender’s obligation in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of Borrowers Borrower to reimburse Agent or the Issuer, as the case may be, upon a draw under a Letter of Credit, shall to the fullest extent permitted under Applicable Law, be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 under all circumstances, including the following circumstances:

Appears in 1 contract

Samples: Security Agreement (Union Drilling Inc)

Nature of Participation and Reimbursement Obligations. Each Lender’s 's obligation in accordance with this Agreement and any L/C-Related Document to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of Borrowers Borrower to reimburse Agent and Issuing Bank upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 Agreement and each such other L/C-Related Document under all circumstances, including the following circumstances:

Appears in 1 contract

Samples: And Security Agreement (Perma Fix Environmental Services Inc)

Nature of Participation and Reimbursement Obligations. Each Lender’s obligation in accordance with this Agreement to make the Revolving Advances Loans or Participation Advances Advances, as contemplated by Section 2.8.3, as a result of a drawing under a Letter of Credit, and the obligations Obligations of Borrowers the Borrower to reimburse the Administrative Agent upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 2.8 under all circumstances, including the following circumstances:

Appears in 1 contract

Samples: Credit Agreement (Key Energy Services Inc)

Nature of Participation and Reimbursement Obligations. Each Lender’s 's obligation in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of Borrowers to reimburse Agent upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 2.15 under all circumstances, including the following circumstances:

Appears in 1 contract

Samples: Security Agreement (General Finance CORP)

Nature of Participation and Reimbursement Obligations. Each Lender’s 's obligation in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of Borrowers to reimburse Agent upon a draw under a Letter of Credit, shall to the fullest extent permitted under Applicable Law, be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 under all circumstances, including the following circumstances:

Appears in 1 contract

Samples: Security Agreement (Union Drilling Inc)

Nature of Participation and Reimbursement Obligations. Each Lender’s obligation in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of Borrowers to reimburse Administrative Agent upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 under all circumstances, including the following circumstances:

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Comforce Corp)

Nature of Participation and Reimbursement Obligations. Each Lender’s 's obligation in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of Borrowers Borrower to reimburse Agent upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 2.21 under all circumstances, including the following circumstances:

Appears in 1 contract

Samples: Credit and Security Agreement (Gales Industries Inc)

Nature of Participation and Reimbursement Obligations. Each Lender’s The obligation of each Lender holding a Revolving Commitment in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of Borrowers to reimburse Agent Issuer upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 2.18 under all circumstances, including the following circumstances:: 84

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Daseke, Inc.)

Nature of Participation and Reimbursement Obligations. Each Lender’s obligation in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of Borrowers Borrower to reimburse Issuer or Agent upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 2.11(f) under all circumstances, including the following circumstances:

Appears in 1 contract

Samples: Loan and Security Agreement (Vision-Ease Lens CORP)

Nature of Participation and Reimbursement Obligations. Each Lender’s 's obligation in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of Borrowers to reimburse Agent or the Issuer, as the case may be, upon a draw under a Letter of Credit, shall to the fullest extent permitted under Applicable Law, be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 under all circumstances, including the following circumstances:

Appears in 1 contract

Samples: Security Agreement (Union Drilling Inc)

Nature of Participation and Reimbursement Obligations. Each Lender’s obligation in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of Borrowers Borrower to reimburse Agent Issuer upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 2.15 under all circumstances, including the following circumstances:

Appears in 1 contract

Samples: Security Agreement (Goodman Networks Inc)

Nature of Participation and Reimbursement Obligations. Each LenderRevolving Xxxx Xxxxxx’s obligation in accordance with this Agreement to make the Revolving Term Advances or Participation Advances Advances, as contemplated by this Section 2.8, as a result of a drawing under a Letter of Credit, and the obligations of Borrowers the Borrower to reimburse Agent the Issuing Lender upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 2.8 under all circumstances, including the following circumstances:

Appears in 1 contract

Samples: Credit Agreement (Andersons, Inc.)

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Nature of Participation and Reimbursement Obligations. Each Lender’s obligation in accordance with this Agreement to make the Revolving Term Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of Borrowers Borrower to reimburse Agent upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 under all circumstances, including the following circumstances:

Appears in 1 contract

Samples: Security Agreement (FCStone Group, Inc.)

Nature of Participation and Reimbursement Obligations. Each Lender’s 's obligation in accordance with this Agreement to make the Revolving Advances Loans or Participation Advances Advances, as contemplated by Section 2.8.3, as a result of a drawing under a Letter of Credit, and the obligations Obligations of Borrowers the Borrower to reimburse the Administrative Agent upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 2.8 under all circumstances, including the following circumstances:

Appears in 1 contract

Samples: Credit Agreement (Key Energy Services Inc)

Nature of Participation and Reimbursement Obligations. Each Lender’s The obligation of each Lender holding a Commitment in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of Borrowers to reimburse Agent Issuer upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 2.18 under all circumstances, including the following circumstances:

Appears in 1 contract

Samples: Security Agreement (Mammoth Energy Services, Inc.)

Nature of Participation and Reimbursement Obligations. Each Lender’s The obligation of each Revolving Lender in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of Borrowers the Company to reimburse Agent Issuer upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 2.30 under all circumstances, including the following circumstances:

Appears in 1 contract

Samples: Credit Agreement (DIEBOLD NIXDORF, Inc)

Nature of Participation and Reimbursement Obligations. Each Lender’s 's obligation in accordance with this Agreement to make the Revolving Credit Advances or Participation Advances Advances, as a result of a drawing under a Letter of Credit, and the obligations of Borrowers the US Borrower to reimburse Agent the Issuing Lender upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 2.7 under all circumstances, including without limitation, the following circumstances:

Appears in 1 contract

Samples: Credit Agreement (Unique Fabricating, Inc.)

Nature of Participation and Reimbursement Obligations. Each Lender’s The obligation of each Revolving Lender in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of the applicable Borrowers to reimburse Agent Issuer upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 2.18 under all circumstances, including the following circumstances:

Appears in 1 contract

Samples: Credit and Security Agreement (Ferroglobe PLC)

Nature of Participation and Reimbursement Obligations. Each Lender’s obligation in accordance with under this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of Borrowers the Borrower to reimburse Agent the applicable LC Lender upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 Article II under all circumstances, including the following circumstances:

Appears in 1 contract

Samples: Credit and Security Agreement (Alpha Natural Resources, Inc.)

Nature of Participation and Reimbursement Obligations. Each Lender’s The obligation in accordance with this Agreement of Lender to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of Borrowers to reimburse Agent Lender upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 2.18 under all circumstances, including the following circumstances:

Appears in 1 contract

Samples: Security Agreement (Quality Gold Holdings, Inc.)

Nature of Participation and Reimbursement Obligations. Each Lender’s 's obligation in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of Borrowers Borrower to reimburse Agent upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 under all circumstances, including the following circumstances:

Appears in 1 contract

Samples: Security Agreement (Small World Kids Inc)

Nature of Participation and Reimbursement Obligations. Each Lender’s 's obligation in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of the Borrowers to reimburse the Agent upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 2.8.8 under all circumstances, including the following circumstances:

Appears in 1 contract

Samples: Air Methods Corp

Nature of Participation and Reimbursement Obligations. Each ----------------------------------------------------- Lender’s 's obligation in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of Borrowers to reimburse Agent upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 under all circumstances, including the following circumstances:

Appears in 1 contract

Samples: Air Methods Corp

Nature of Participation and Reimbursement Obligations. Each Lender’s obligation in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of Borrowers to reimburse Agent Issuer upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 under all circumstances, including the following circumstances:

Appears in 1 contract

Samples: Security Agreement (Maxum Petroleum Holdings, Inc.)

Nature of Participation and Reimbursement Obligations. Each Lender’s The obligation of each Lender in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of the Borrowers to reimburse Agent the applicable Issuer upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 2.17 under all circumstances, including the following circumstances:

Appears in 1 contract

Samples: Revolving Credit and Guaranty Agreement (Xerium Technologies Inc)

Nature of Participation and Reimbursement Obligations. Each Lender’s 's obligation in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of US Borrowers to reimburse Agent upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 2.15 under all circumstances, including the following circumstances:

Appears in 1 contract

Samples: Security Agreement (Brightstar Corp.)

Nature of Participation and Reimbursement Obligations. Each Lender’s obligation in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of Borrowers Continental to reimburse Agent upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 under all circumstances, including the following circumstances:

Appears in 1 contract

Samples: Security Agreement (Katy Industries Inc)

Nature of Participation and Reimbursement Obligations. Each Lender’s obligation in accordance with this Credit Agreement to make the Revolving Advances Loans or Participation Advances Advances, as contemplated by this Article 4, as a result of a drawing under a Letter of Credit, and the obligations Obligations of Borrowers the Borrower to reimburse Agent the Issuing Lender upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 Article 4 under all circumstances, including the following circumstances:

Appears in 1 contract

Samples: Credit Agreement (CHS Inc)

Nature of Participation and Reimbursement Obligations. Each Lender’s obligation in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations Obligations of Borrowers to reimburse Agent upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 2.15 under all circumstances, including the following circumstances:

Appears in 1 contract

Samples: Security Agreement (Allegheny Technologies Inc)

Nature of Participation and Reimbursement Obligations. Each Lender’s obligation in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of Borrowers Borrower to reimburse Administrative Agent upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 under all circumstances, including the following circumstances:

Appears in 1 contract

Samples: Security Agreement (Skullcandy, Inc.)

Nature of Participation and Reimbursement Obligations. Each Lender’s 's obligation in accordance with this Agreement to make the Revolving Advances Loans or Participation Advances Advances, as contemplated by Section 2.9.3, as a result of a drawing under a Letter of Credit, and the obligations Obligations of Borrowers the Borrower and the Co-Borrower to reimburse the Administrative Agent upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 2.9 under all circumstances, including the following circumstances:

Appears in 1 contract

Samples: Credit Agreement (Rent Way Inc)

Nature of Participation and Reimbursement Obligations. Each Lender’s 's obligation in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of Borrowers Borrower to reimburse Agent upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 2.15 under all circumstances, including the following circumstances:

Appears in 1 contract

Samples: Security Agreement (Horsehead Holding Corp)

Nature of Participation and Reimbursement Obligations. Each Revolving Lender’s obligation in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of CreditCredit - AIC, and the obligations of Borrowers to reimburse Agent Issuer upon a draw under a Letter of CreditCredit - AIC, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 under all circumstances, including the following circumstances:

Appears in 1 contract

Samples: Security Agreement (UniTek Global Services, Inc.)

Nature of Participation and Reimbursement Obligations. Each Revolving Lender’s obligation in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of Borrowers to reimburse Agent Issuer upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 under all circumstances, including the following circumstances:

Appears in 1 contract

Samples: Security Agreement (UniTek Global Services, Inc.)

Nature of Participation and Reimbursement Obligations. Each Lender’s obligation in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of Borrowers Borrower to reimburse Agent upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 2.20 under all circumstances, including the following circumstances:

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Kenexa Corp)

Nature of Participation and Reimbursement Obligations. Each Lender’s 's obligation in accordance with this Agreement to make the Revolving Advances or Participation Advances as a result of a drawing under a Letter of Credit, and the obligations of Borrowers to reimburse Agent upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 2.14 under all circumstances, including the following circumstances:

Appears in 1 contract

Samples: Revolving Credit (Teamstaff Inc)

Nature of Participation and Reimbursement Obligations. Each Lender’s obligation in accordance with this Agreement to make the Revolving Advances Credit Loans or Participation Advances Advances, as contemplated by Section 2.10(c) above, as a result of a drawing under a Letter of Credit, and the obligations Obligations of Borrowers the Borrower to reimburse the Agent upon a draw under a Letter of Credit, shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Section 2.16 2.10 under all circumstances, including the following circumstances:

Appears in 1 contract

Samples: Credit Agreement (Too, Inc.)

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