Obligations of the Borrower. (a) Borrower agrees to pay to Administrative Agent in connection with each Letter of Credit issued hereunder: (i) immediately upon the demand of Administrative Agent on behalf of all Banks, the amount paid by each Bank with respect to such Letter of Credit; (ii) immediately upon demand of Administrative Agent, the amount of any draft presented purporting to be drawn under such Letter of Credit provided that the draft and accompanying documents conform to the terms of the Letter of Credit but subject to the terms of Paragraph 2A.7 (whether or not Administrative Agent has at such time honored such draft) and any other amounts paid thereunder (it being understood that Administrative Agent is not required to make demand upon or proceed against any Bank or other party or to resort to any Collateral before obtaining payment from Borrower); (iii) on the date of issuance of each Letter of Credit and on the effective date of any extension or renewal of any Letter of Credit a non-refundable fee for the benefit of Banks in accordance with each Bank's percentage share of the Commitment as set forth on Schedule 1 attached hereto, calculated on the face amount of such Letter of Credit in the following amounts: (A) a standard issuance charge determined by the Administrative Agent plus the Applicable Libor Margin for the period during which the Letter of Credit is to be outstanding plus (B) a twenty-five basis points fronting fee payable to Administrative Agent; (iv) interest on any indebtedness outstanding with respect to such Letter of Credit, whether for funds paid on drafts on such Letter of Credit, or otherwise (but such indebtedness shall not include undrawn balances of such Letter of Credit issued hereunder) at the rate applicable to Base Rate Portions under Paragraph 2.6(b)(i)(A) hereof from the date of payment by Administrative Agent (if not reimbursed by Borrower on the same day) to the date one (1) Business Day after notice to Borrower of such payment, and thereafter at the rate applicable to Base Rate Portions under Paragraph 2.6(b) hereof. Interest under the preceding clause (iv) shall be paid at the times and in the manner set forth in Paragraph 2.6 hereof, and shall accrue on amounts paid on a Letter of Credit (if not reimbursed by Borrower on the same day) from the date of payment by Administrative Agent, whether or not demand is made, until such amounts are reimbursed by Borrower whether before, at or after demand.
Appears in 1 contract
Obligations of the Borrower. (a) Borrower agrees to pay to Administrative Agent in connection with each Letter of Credit issued hereunder: (i) immediately upon the demand of Administrative Agent on behalf of all BanksLenders, the amount paid by each Bank Lender with respect to such Letter of Credit; (ii) immediately upon demand of Administrative Agent, the amount of any draft presented purporting to be drawn under such Letter of Credit provided that the draft and accompanying documents conform to the terms of the Letter of Credit but subject to the terms of Paragraph 2A.7 (whether or not Administrative Agent has at such time honored such draft) and any other amounts paid thereunder (it being understood that Administrative Agent is not required to make demand upon or proceed against any Bank Lender or other party or to resort to any Collateral before obtaining payment from Borrower); (iii) on the date of issuance of each Letter of Credit and on the effective date of any renewal or extension or renewal of any Letter of Credit a fee of one-eighth of one percent (1/8%) of the outstanding face amount of such Letter of Credit, payable to Agent for its own account; (iv) quarterly in arrears a non-refundable fee for the benefit of Banks Lenders in accordance with each BankLender's percentage share of the Revolving Credit Commitment as set forth on Schedule 1 attached hereto, calculated hereto at a rate per annum equal to the Applicable Margin with respect to Libor Portions under the Revolving Credit Loan on the outstanding face amount of such Letter of Credit in the following amounts: Credit; and (A) a standard issuance charge determined by the Administrative Agent plus the Applicable Libor Margin for the period during which the Letter of Credit is to be outstanding plus (B) a twenty-five basis points fronting fee payable to Administrative Agent; (ivv) interest on any indebtedness outstanding with respect to such Letter of Credit, whether for funds paid on drafts on such Letter of Credit, or otherwise (but such indebtedness shall not include undrawn balances of such Letter of Credit issued hereunder) at the rate applicable to Base Rate Portions under the Revolving Credit Loan under Paragraph 2.6(b)(i)(A2.6(a)(i)(A) hereof from the date of payment by Administrative Agent or Lenders (if not reimbursed by Borrower on the same day) to the date one (1) Business Day after notice to Borrower of such payment, and thereafter at the rate applicable to such Base Rate Portions under Paragraph 2.6(b2.6(a)(ii) hereof. Interest under the preceding clause (ivv) shall be paid at the times and in the manner set forth in Paragraph 2.6 hereof, and shall accrue on amounts paid on a Letter of Credit (if not reimbursed by Borrower on the same day) from the date of payment by Administrative AgentAgent or Lenders, whether or not demand is made, until such amounts are reimbursed by Borrower whether before, at or after demand.
Appears in 1 contract
Obligations of the Borrower. (a) Borrower agrees to pay to Administrative Agent in connection with each Letter of Credit issued hereunder: (i) immediately upon the demand of Administrative Agent on behalf of all BanksLenders, the amount paid by each Bank Lender with respect to such Letter of Credit; (ii) immediately upon demand of Administrative Agent, the amount of any draft presented purporting to be drawn under such Letter of Credit provided that the draft and accompanying documents conform to the terms of the Letter of Credit but subject to the terms of Paragraph 2A.7 (whether or not Administrative Agent has at such time honored such draft) and any other amounts paid thereunder (it being understood that Administrative Agent is not required to make demand upon or proceed against any Bank Lender or other party or to resort to any Collateral before obtaining payment from Borrower); (iii) on the date of issuance of each Letter of Credit and on the effective date of any renewal or extension or renewal of any Letter of Credit a fee of one-eighth of one percent (y%) of the outstanding face amount of such Letter of Credit, payable to Agent for its own account; (iv) quarterly in arrears a non-refundable fee for the benefit of Banks Lenders in accordance with each BankLender's percentage share of the Revolving Credit Commitment as set forth on Schedule 1 attached hereto, calculated hereto at a rate per annum equal to the Applicable Margin with respect to Libor Portions under the Revolving Credit Loan on the outstanding face amount of such Letter of Credit in the following amounts: Credit; and (A) a standard issuance charge determined by the Administrative Agent plus the Applicable Libor Margin for the period during which the Letter of Credit is to be outstanding plus (B) a twenty-five basis points fronting fee payable to Administrative Agent; (ivv) interest on any indebtedness outstanding with respect to such Letter of Credit, whether for funds paid on drafts on such Letter of Credit, or otherwise (but such indebtedness shall not include undrawn balances of such Letter of Credit issued hereunder) at the rate applicable to Base Rate Portions under the Revolving Credit Loan under Paragraph 2.6(b)(i)(A2.6(a)(i)(A) hereof from the date of payment by Administrative Agent or Lenders (if not reimbursed by Borrower on the same day) to the date one (1) Business Day after notice to Borrower of such payment, and thereafter at the rate applicable to such Base Rate Portions under Paragraph 2.6(b2.6(a)(ii) hereof. Interest under the preceding clause (ivv) shall be paid at the times and in the manner set forth in Paragraph 2.6 hereof, and shall accrue on amounts paid on a Letter of Credit (if not reimbursed by Borrower on the same day) from the date of payment by Administrative AgentAgent or Lenders, whether or not demand is made, until such amounts are reimbursed by Borrower whether before, at or after demand.
Appears in 1 contract
Obligations of the Borrower. (a) Borrower agrees to pay to Administrative Agent in connection with each Letter of Credit issued hereunder: (i) immediately upon the demand of Administrative Agent on behalf of all Banks, the amount paid by each Agent or any Bank with respect to such Letter of Credit; (ii) immediately upon demand of Administrative Agent, the amount of any draft presented purporting to be drawn under such Letter of Credit provided that the draft and accompanying documents conform to the terms of the Letter of Credit but subject to the terms of Paragraph 2A.7 (whether or not Administrative Agent has at such time honored such draft) and any other amounts paid thereunder (it being understood that Administrative Agent is not required to make demand upon or proceed against any Bank or other party or to resort to any Collateral before obtaining payment from Borrower); (iii) quarterly in arrears on the first day of each June, September, December and March, a fee for the benefit of Banks in accordance with each Bank's Pro Rata Share of the Revolving Commitment, calculated on the outstanding face amount and term of such Letter of Credit at a rate per annum equal to the Applicable Margin for a Portion bearing interest based on the Adjusted Libor Rate, as set forth in Paragraph 2.6 hereof, as in effect upon the issuance or renewal of the Letter of Credit, as applicable; (iv) on the date of issuance of each Letter of Credit and on the effective date of any renewal or extension or renewal of any Letter of Credit a nonfee of one-refundable fee for the benefit eighth of Banks in accordance with each Bank's percentage share of the Commitment as set forth on Schedule 1 attached hereto, calculated one percent (0.125%) per annum on the outstanding face amount of such Letter of Credit in the following amounts: (A) a standard issuance charge determined by the Administrative Agent plus the Applicable Libor Margin for the period during which the Letter of Credit is to be outstanding plus (B) a twenty-five basis points fronting fee Credit, payable to Administrative Agent; Agent for its own account, and (ivv) interest on any indebtedness outstanding with respect to such Letter of Credit, whether for funds paid on drafts on such Letter of Credit, or otherwise (but such indebtedness shall not include undrawn balances of such Letter of Credit issued hereunder) at the rate applicable to Base Rate Portions under set forth in Paragraph 2.6(b)(i)(A) hereof from the date of payment by Administrative Agent (if not reimbursed by Borrower on the same day) to the date one (1) Business Day after notice to Borrower of such payment, and thereafter at the rate applicable to Portions bearing interest based on the Base Rate Portions under Paragraph 2.6(b2.6(b)(ii) hereof. Interest under the preceding clause (ivv) shall be paid at the times and in the manner set forth in Paragraph 2.6 hereof, and shall accrue on amounts paid on a Letter of Credit (if not reimbursed by Borrower on the same day) from the date of payment by Administrative Agent, whether or not demand is made, until such amounts are reimbursed by Borrower whether before, at or after demand.
Appears in 1 contract
Samples: Credit Agreement (Home Health Corp of America Inc \Pa\)
Obligations of the Borrower. (a) Borrower agrees to pay to Administrative Agent in connection with each Letter of Credit issued hereunder: (i) immediately upon the demand of Administrative Agent on behalf of all BanksLenders, the amount paid by each Bank Lender with respect to such Letter of Credit; (ii) immediately upon demand of Administrative Agent, the amount of any draft presented purporting to be drawn under such Letter of Credit provided that the draft and accompanying documents conform to the terms of the Letter of Credit but subject to the terms of Paragraph 2A.7 (whether or not Administrative Agent has at such time honored such draft) and any other amounts paid thereunder (it being understood that Administrative Agent is not required to make demand upon or proceed against any Bank Lender or other party or to resort to any Collateral before obtaining payment from Borrower); (iii) on the date of issuance of each Letter of Credit and on the effective date of any renewal or extension or renewal of any Letter of Credit a nonfee of one-eighth of one percent (1/8%) of the outstanding face amount of such Letter of Credit, payable to Agent for its own account; (iv) quarterly in arrears a non refundable fee for the benefit of Banks Lenders in accordance with each BankLender's percentage share of the Revolving Credit Commitment as set forth on Schedule 1 attached hereto, calculated hereto at a rate per annum equal to the Applicable Margin with respect to Libor Portions under the Revolving Credit Loan on the outstanding face amount of such Letter of Credit in the following amounts: Credit; and (A) a standard issuance charge determined by the Administrative Agent plus the Applicable Libor Margin for the period during which the Letter of Credit is to be outstanding plus (B) a twenty-five basis points fronting fee payable to Administrative Agent; (ivv) interest on any indebtedness outstanding with respect to such Letter of Credit, whether for funds paid on drafts on such Letter of Credit, or otherwise (but such indebtedness shall not include undrawn balances of such Letter of Credit issued hereunder) at the rate applicable to Base Rate Portions under the Revolving Credit Loan under Paragraph 2.6(b)(i)(A2.6(a)(i)(A) hereof from the date of payment by Administrative Agent or Lenders (if not reimbursed by Borrower on the same day) to the date one (1) Business Day after notice to Borrower of such payment, and thereafter at the rate applicable to such Base Rate Portions under Paragraph 2.6(b2.6(a)(ii) hereof. Interest under the preceding clause (ivv) shall be paid at the times and in the manner set forth in Paragraph 2.6 hereof, and shall accrue on amounts paid on a Letter of Credit (if not reimbursed by Borrower on the same day) from the date of payment by Administrative AgentAgent or Lenders, whether or not demand is made, until such amounts are reimbursed by Borrower whether before, at or after demand.
Appears in 1 contract