Common use of Other Lenders' Participation Clause in Contracts

Other Lenders' Participation. Upon the issuance of each Letter of Credit, and without further action, each Revolving Loan Lender (other than such Issuer) shall be deemed to have irrevocably purchased, to the extent of its Percentage to make Revolving Loans, a participation interest in such Letter of Credit (including the Contingent Liability and any Reimbursement Obligation with respect thereto), and such Revolving Loan Lender shall, to the extent of its Percentage to make Revolving Loans, be responsible for reimbursing within one Business Day the Issuer for Reimbursement Obligations which have not been reimbursed by the applicable Borrower in accordance with SECTION 2.6.3. In addition, such Revolving Loan Lender shall, to the extent of its Percentage to make Revolving Loans, be entitled to receive a ratable portion of the Letter of Credit fees payable pursuant to SECTION 3.3.3 with respect to each Letter of Credit (other than the issuance fees payable to an Issuer of such Letter of Credit pursuant to the last sentence of SECTION 3.3.3) and of interest payable pursuant to SECTION 3.2 with respect to any Reimbursement Obligation. To the extent that any Revolving Loan Lender has reimbursed any Issuer for a Disbursement, such Lender shall be entitled to receive its ratable portion of any amounts subsequently received (from such Borrower or otherwise) in respect of such Disbursement.

Other Lenders' Participation. Upon the issuance of each Letter of Credit, and without further action, each Revolving Loan Lender (other than such the Issuer) shall be deemed to have irrevocably purchased, to the extent of its Percentage to make Revolving Loans, a participation interest in such Letter of Credit (including the Contingent Liability of the Issuer and the Issuer's right to receive payment of any Reimbursement Obligation with respect thereto), and such Revolving Loan Lender shall, to the extent of its Percentage to make Revolving Loans, be responsible for reimbursing within one Business Day the Issuer for Reimbursement Obligations any Disbursement which have has not been reimbursed by the applicable Borrower Borrowers in accordance with SECTION 2.6.3Section 2.6.3 or which have been required to be returned or disgorged by the Issuer to the Administrative Agent. In addition, such Revolving Loan Lender shall, to the extent of its Percentage to make Revolving Loans, be entitled to receive a ratable portion of the Letter of Credit fees payable pursuant to SECTION Section 3.3.3 with respect to each Letter of Credit (other than the issuance fees payable to an the Issuer of such Letter of Credit pursuant to the last sentence of SECTION Section 3.3.3) and of interest payable pursuant to SECTION Section 3.2 with respect to any Reimbursement Obligation. To the extent that any Revolving Loan Lender has reimbursed any the Issuer for a Disbursement, such Lender shall be entitled to receive its ratable portion of any amounts subsequently received (from such Borrower the Borrowers or otherwise) in respect of such Disbursement.

Other Lenders' Participation. Upon the issuance of each Letter of CreditCredit issued by an Issuer pursuant hereto, and without further action, each Revolving Loan Lender (other than such Issuer) shall be deemed to have irrevocably purchased, to the extent of its Percentage to make Revolving Loans, a participation interest in such Letter of Credit (including the Contingent Liability and any Reimbursement Obligation with respect thereto), and such Revolving Loan Lender shall, to the extent of its Percentage to make Revolving Loans, be responsible for reimbursing promptly (and in any event within one Business Day Day) the Issuer for Reimbursement Obligations which have not been reimbursed by the applicable Borrower in accordance with SECTION Section 2.6.3. In addition, such Revolving Loan Lender shall, to the extent of its Percentage to make Revolving Loans, be entitled to receive a ratable portion of the Letter of Credit fees payable pursuant to SECTION Section 3.3.3 with respect to each Letter of Credit (other than the issuance fees payable to an Issuer of such Letter of Credit pursuant to the last sentence of SECTION Section 3.3.3) and of interest payable pursuant to SECTION Section 3.2 with respect to any Reimbursement Obligation. To the extent that any Revolving Loan Lender has reimbursed any Issuer for a Disbursement, such Lender shall be entitled to receive its ratable portion of any amounts subsequently received (from such the Borrower or otherwise) in respect of such Disbursement.

Other Lenders' Participation. Upon the issuance of each Letter of Credit, and without further action, each Revolving Loan Lender (other than such the Issuer) shall be deemed to have irrevocably purchased, to the extent of its Percentage to make Revolving LoansLoan Percentage, a participation interest in such Table of Contents Letter of Credit (including the Contingent Liability and any Reimbursement Obligation with respect thereto), and such Revolving Loan Lender shall, to the extent of its Percentage to make Revolving LoansLoan Percentage, be responsible for reimbursing the Issuer within one Business Day of receiving notice from the Issuer for Reimbursement Obligations which have not been reimbursed by the applicable Borrower Borrowers in accordance with SECTION 2.6.3Section 2.7.2 and Section 2.7.3 (with the terms of this Section surviving the termination of this Agreement). In addition, such Revolving Loan Lender shall, to the extent of its Percentage to make Revolving LoansLoan Percentage, be entitled to receive a ratable portion of the Letter of Credit fees payable pursuant to SECTION Section 3.3.3 with respect to each Letter of Credit (other than the issuance fees payable to an the Issuer of such Letter of Credit pursuant to the last sentence of SECTION 3.3.3Section 3.3.3(b)) and of interest payable pursuant to SECTION Section 3.2 with respect to any Reimbursement Obligation. To the extent that any Revolving Loan Lender has reimbursed any Issuer for a Disbursement, such Lender shall be entitled to receive its ratable portion of any amounts subsequently received (from such Borrower the Borrowers or otherwise) in respect of such Disbursement.

Other Lenders' Participation. Upon the issuance of each Letter of CreditCredit issued by the Issuer pursuant hereto, and without further action, each Revolving Loan Lender (other than such Issuer) shall be deemed to have irrevocably purchased, to the extent of its Percentage to make Revolving Loans, and the Issuer shall be deemed to have irrevocably granted and sold to such Lender, a participation interest in such Letter of Credit (including the Contingent Liability and any Reimbursement Obligation with respect thereto), and such Revolving Loan Lender shall, to the extent of its Percentage to make Revolving Loans, be responsible for reimbursing promptly (and in any event within one Business Day Day) the Issuer for Reimbursement Obligations which have not been reimbursed by the applicable Borrower in accordance with SECTION Section 2.6.3. In addition, such Revolving Loan Lender shall, to the extent of its Percentage to make Revolving Loans, be entitled to receive a ratable portion of the Letter of Credit fees payable pursuant to SECTION Section 3.3.3 with respect to each Letter of Credit (other than the issuance fees payable to an Issuer of such Letter of Credit pursuant to the last sentence of SECTION Section 3.3.3) and of interest payable pursuant to SECTION Section 3.2 with respect to any Reimbursement Obligation. To the extent that any Revolving Loan Lender has reimbursed any the Issuer for a Disbursement, such Lender shall be entitled to receive its ratable portion of any amounts subsequently received (from such the Borrower or otherwise) in respect of such Disbursement.

Other Lenders' Participation. Upon the issuance of each Letter of Credit, and without further action, each Revolving Loan Lender (other than such the Issuer) shall be deemed to have irrevocably purchased, to the extent of its Percentage to make Revolving Loans, a participation interest in such Letter of Credit (including the Contingent Liability of the Issuer and the Issuer’s right to receive payment of any Reimbursement Obligation with respect thereto), and such Revolving Loan Lender shall, to the extent of its Percentage to make Revolving Loans, be responsible for reimbursing within one Business Day the Issuer for Reimbursement Obligations any Disbursement which have has not been reimbursed by the applicable Borrower Borrowers in accordance with SECTION 2.6.3Section 2.6.3 or which have been required to be returned or disgorged by the Issuer to the Administrative Agent. In addition, such Revolving Loan Lender shall, to the extent of its Percentage to make Revolving Loans, be entitled to receive a ratable portion of the Letter of Credit fees payable pursuant to SECTION Section 3.3.3 with respect to each Letter of Credit (other than the issuance fees payable to an the Issuer of such Letter of Credit pursuant to the last sentence of SECTION Section 3.3.3) and of interest payable pursuant to SECTION Section 3.2 with respect to any Reimbursement Obligation. To the extent that any Revolving Loan Lender has reimbursed any the Issuer for a Disbursement, such Lender shall be entitled to receive its ratable portion of any amounts subsequently received (from such Borrower the Borrowers or otherwise) in respect of such Disbursement.. 37 $$/BREAK/$$END

Other Lenders' Participation. Upon the issuance of each Letter of Credit, and without further action, each Revolving Loan Lender (other than such Issuer) shall be deemed to have irrevocably purchased, to the extent of its RL Percentage to make Revolving Loans, a participation interest in such Letter of Credit (including the Contingent Liability and any Reimbursement Obligation with respect thereto), and such Revolving Loan Lender shall, to the extent of its RL Percentage to make Revolving Loans, be responsible for reimbursing within one Business Day the Issuer for Reimbursement Obligations which have not been reimbursed by the applicable Borrower in accordance with SECTION Section 2.6.3. In addition, such Revolving Loan Lender shall, to the extent of its RL Percentage to make Revolving Loans, be entitled to receive a ratable portion of the Letter of Credit fees payable pursuant to SECTION Section 3.3.3 with respect to each Letter of Credit (other than the issuance fees payable to an Issuer of such Letter of Credit pursuant to the last sentence of SECTION Section 3.3.3) and of interest payable pursuant to SECTION Section 3.2 with respect to any Reimbursement Obligation. To the extent that any Revolving Loan Lender has reimbursed any Issuer for a Disbursement, such Lender shall be entitled to receive its ratable portion of any amounts subsequently received (from such Borrower or otherwise) in respect of such Disbursement.

Other Lenders' Participation. Upon the issuance of each Letter of CreditCredit issued by the Issuer pursuant hereto, and without further action, each Revolving Loan Lender (other than such the Issuer) that has a Revolving Loan Commitment shall be deemed to have irrevocably purchased, to the extent of its Percentage to make Revolving Loans, a participation interest in such Letter of Credit (including the Contingent Liability Obligation and any Reimbursement Obligation with respect thereto), and such Revolving Loan Lender shall, to the extent of its Percentage to make Revolving LoansLoan Commitment Percentage, be responsible for reimbursing promptly (and in any event within one Business Day Day) the Issuer for Reimbursement Obligations which have not been reimbursed by the applicable Borrower in accordance with SECTION 2.6.3. In addition, such Revolving Loan Lender shall, to the extent of its Percentage to make Revolving Loans, be entitled to receive a ratable portion of the Letter of Credit fees payable pursuant to SECTION 3.3.3 with respect to each Letter of Credit (other than the issuance fees payable to an the Issuer of such Letter of Credit pursuant to the last sentence of SECTION 3.3.3) and of interest payable pursuant to SECTION 3.2 with respect to any Reimbursement Obligation. To the extent that any Revolving Loan Lender has reimbursed any the Issuer for a DisbursementDisbursement as required by this Section, such Lender shall be entitled to receive its ratable portion of any amounts subsequently received (from such the Borrower or otherwise) in respect of such Disbursement.

Other Lenders' Participation. Upon the issuance of each Letter of CreditCredit issued by an Issuer pursuant hereto, and without further action, each Revolving Loan Lender (other than such Issuer) shall be deemed to have irrevocably purchased, to the extent of its Percentage to make Revolving Loans, a participation interest in such Letter of Credit (including the Contingent Liability and any Reimbursement Obligation with respect thereto), and such Revolving Loan Lender shall, to the extent of its Percentage to make Revolving Loans, be responsible for reimbursing promptly (and in any event within one Business Day Day) the Issuer for Reimbursement Obligations which have not been reimbursed by the applicable Borrower in accordance with SECTION 2.6.3. In addition, such Revolving Loan Lender shall, to the extent of its Percentage to make Revolving Loans, be entitled to receive a ratable portion of the Letter of Credit fees payable pursuant to SECTION 3.3.3 with respect to each Letter of Credit (other than the issuance fees payable to an Issuer of such Letter of Credit pursuant to the last sentence of SECTION 3.3.3) and of interest payable pursuant to SECTION 3.2 with respect to any Reimbursement Obligation. To the extent that any Revolving Loan Lender has reimbursed any Issuer for a Disbursement, such Lender shall be entitled to receive its ratable portion of any amounts subsequently received (from such the Borrower or otherwise) in respect of such Disbursement.

Other Lenders' Participation. Upon the issuance of each Letter of Credit, and without further action, each Revolving Loan Lender (other than such Issuer) shall be deemed to have irrevocably purchased, to the extent of its Percentage to make Revolving LoansPercentage, a participation interest in such Letter of Credit (including the Contingent Liability and any Reimbursement Obligation with respect thereto), and such Revolving Loan Lender shall, to the extent of its Percentage to make Revolving LoansPercentage, be responsible for reimbursing within one Business Day the Issuer for Reimbursement Obligations which have not been reimbursed by the applicable Borrower Borrowers in accordance with SECTION 2.6.3Section 2.6.2 or which have been required to be returned or disgorged by the Issuer or the Administrative Agent. In addition, such Revolving Loan Lender shall, to the extent of its Percentage to make Revolving LoansPercentage, be entitled to receive a ratable portion of the Subfacility Letter of Credit fees payable pursuant to SECTION Section 3.3.3 with respect to each Subfacility Letter of Credit or the Standby Letter of Credit fees payable pursuant to Section 3.3.4 with respect to each Standby Letter of Credit (in each case other than the issuance fees payable to an Issuer of such Letter of Credit pursuant to the last sentence of SECTION 3.3.3) Fronting Fee), and of interest payable pursuant to SECTION Section 3.2 with respect to any Reimbursement Obligation. To the extent that any Revolving Loan Lender has reimbursed any Issuer for a Disbursement, such Lender shall be entitled to receive its ratable portion of any amounts subsequently received (from such the Borrower or otherwise) in respect of such Disbursement.

Other Lenders' Participation. Upon the issuance of each Letter of Credit, and without further action, each Revolving Loan Lender (other than such Issuer) shall be deemed to have irrevocably purchased, to the extent of its Percentage to make Revolving Loans, a participation interest in such Letter of Credit (including the Contingent Liability and any Reimbursement Obligation with respect thereto), and such Revolving Loan Lender shall, to the extent of its Percentage to make Revolving Loans, be responsible for reimbursing within one Business Day the Issuer for Reimbursement Obligations which have not been reimbursed by the applicable Borrower in accordance with SECTION Section 2.6.3. In addition, such Revolving Loan Lender shall, to the extent of its Percentage to make Revolving Loans, be entitled to receive a ratable portion of the Letter of Credit fees payable pursuant to SECTION 3.3.3 Section 3.3.2 with respect to each Letter of Credit (other than the issuance fees payable to an Issuer of such Letter of Credit pursuant to the last sentence clause (ii) of SECTION 3.3.3Section 3.3.2) and of interest payable pursuant to SECTION Section 3.2 with respect to any Reimbursement Obligation. To the extent that any Revolving Loan Lender has reimbursed any Issuer for a Disbursement, such Lender shall be entitled to receive its ratable portion of any amounts subsequently received (from such the Borrower or otherwise) in respect of such Disbursement.

Other Lenders' Participation. Upon the issuance of each Letter of Credit, and without further action, each Revolving Loan Lender (other than such the Issuer) shall be deemed to have irrevocably purchased, to the extent of its Percentage to make Revolving LoansPercentage, a participation interest in such Letter of Credit (including the Contingent Liability and any Reimbursement Obligation with respect thereto), and such Revolving Loan Lender shall, to the extent of its Percentage to make Revolving LoansPercentage, be responsible for reimbursing within one Business Day the Issuer for Reimbursement Obligations which have not been reimbursed by the applicable Borrower in accordance with SECTION 2.6.3Section 2.6.3 of receiving notice from the Issuer for Reimbursement Obligations which have not been reimbursed by the Borrower in accordance with Section 2.6.3 (with the terms of this Section surviving the termination of this Agreement). In addition, such Revolving Loan Lender shall, to the extent of its Percentage to make Revolving LoansPercentage, be entitled to receive a ratable portion of the Letter of Credit fees payable pursuant to SECTION 3.3.3 Section 3.3.4 with respect to each Letter of Credit (other than the issuance fees payable to an the Issuer of such Letter of Credit pursuant to the last sentence of SECTION 3.3.3Section 3.3.4) and of interest payable pursuant to SECTION Section 3.2 with respect to any Reimbursement Obligation. To the extent that any Revolving Loan Lender has reimbursed any Issuer for a Disbursement, such Lender shall be entitled to receive its ratable portion of any amounts subsequently received (from such the Borrower or otherwise) in respect of such Disbursement.

Other Lenders' Participation. Upon the issuance of each ---------------------------- Letter of CreditCredit issued by an Issuer pursuant hereto, and without further action, each Revolving Loan Lender (other than such the Issuer) that has a Commitment shall be deemed to have irrevocably purchased, to the extent of its Percentage to make Revolving LoansPercentage, a participation interest in such Letter of Credit (including the Contingent Liability and any Reimbursement Obligation with respect thereto), and such Revolving Loan Lender shall, to the extent of its Percentage to make Revolving LoansPercentage, be responsible for reimbursing promptly (and in any event within one Business Day Day) the Issuer for Reimbursement Obligations which have not been reimbursed by the applicable Borrower in accordance with SECTION Section 2.6.3. In addition, such Revolving Loan Lender shall, to the extent of its Percentage to make Revolving LoansPercentage, ------------- be entitled to receive a ratable portion of the Letter of Credit fees payable pursuant to SECTION Section 3.3.3 with respect to each Letter of Credit (other than the ------------- issuance fees payable to an the Issuer of such Letter of Credit pursuant to the last sentence of SECTION Section 3.3.3) and of interest payable pursuant to SECTION Section 3.2 ------------- ----------- with respect to any Reimbursement Obligation. To the extent that any Revolving Loan Lender has reimbursed any Issuer for a DisbursementDisbursement as required by this Section, such Lender shall be entitled to receive its ratable portion of any amounts subsequently received (from such the Borrower or otherwise) in respect of such Disbursement.