Common use of Payment by Lenders on Account of Unreimbursed Draws Clause in Contracts

Payment by Lenders on Account of Unreimbursed Draws. If the Issuing Bank makes a payment under any Letter of Credit and is not reimbursed in full therefor on such payment date in accordance with Section 2.05(b), the Issuing Bank may notify the Administrative Agent thereof (which notice may be by telephone), and the Administrative Agent shall forthwith notify each Lender (which notice may be by telephone promptly confirmed in writing) thereof. No later than the Administrative Agent's close of business on the date such notice is given (if notice is given by 2:00 P.M. New York City time) or 10:00 A.M. New York City time the following day (if notice is given after 2:00 P.M. New York City time or in the case of any Lender whose Applicable Lending Office is located in Europe), each Lender will pay to the Administrative Agent, for the account of the Issuing Bank, in immediately available funds, an amount equal to such Lender's Pro Rata Share of the unreimbursed portion of such payment by the Issuing Bank. Amounts received by the Administrative Agent for the account of the Issuing Bank shall be forthwith transferred, in immediately available funds, to the Issuing Bank. If and to the extent that any Lender fails to make such payment to the Administrative Agent for the account of the Issuing Bank on such date, such Lender shall pay such amount on demand, together with interest, for the Issuing Bank's own account, for each day from and including the date of the Issuing Bank's payment to but not including the date of repayment to the Issuing Bank (before and after judgment) at a rate per annum for each day (i) from and including the date of such payment by the Issuing Bank to and including the second Business Day thereafter equal to the Federal Funds Rate and (ii) thereafter equal to the Base Rate.

Appears in 2 contracts

Samples: Credit Agreement (Ace LTD), Credit Agreement (Ace LTD)

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Payment by Lenders on Account of Unreimbursed Draws. If the Issuing Bank makes a payment under any Letter of Credit and is not reimbursed in full therefor on such payment date in accordance with Section 2.05(b), the Issuing Bank may notify the Administrative Agent thereof (which notice may be by telephone), and the Administrative Agent shall forthwith notify each Lender (which notice may be by telephone promptly confirmed in writing) thereof. No later than the Administrative Agent's ’s close of business on the date such notice is given (if notice is given by 2:00 P.M. p.m. New York City time) or 10:00 A.M. a.m. New York City time the following day (if notice is given after 2:00 P.M. p.m. New York City time or in the case of any Lender whose Applicable Lending Office is located in Europe), each Lender will pay to the Administrative Agent, for the account of the Issuing Bank, in immediately available funds, an amount equal to such Lender's ’s Pro Rata Share of the unreimbursed portion of such payment by the Issuing Bank. Amounts received by the Administrative Agent for the account of the Issuing Bank shall be forthwith transferred, in immediately available funds, to the Issuing Bank. If and to the extent that any Lender fails to make such payment to the Administrative Agent for the account of the Issuing Bank on such date, such Lender shall pay such amount on demand, together with interest, for the Issuing Bank's ’s own account, for each day from and including the date of the Issuing Bank's ’s payment to but not including the date of repayment to the Issuing Bank (before and after judgment) at a rate per annum for each day (i) from and including the date of such payment by the Issuing Bank to and including the second Business Day thereafter equal to the Federal Funds Rate and (ii) thereafter equal to the Base Rate.

Appears in 2 contracts

Samples: Credit Agreement (Ace LTD), Credit Agreement (Ace LTD)

Payment by Lenders on Account of Unreimbursed Draws. If the Issuing Bank makes a payment under any Letter of Credit and is not reimbursed in full therefor on the date of such payment date in accordance with Section 2.05(b2.3(a), the Issuing Bank may notify the Administrative Agent thereof (which notice may be by telephone), and the Administrative Agent shall forthwith notify each Lender (which notice may be by telephone promptly confirmed in writing) thereof. No later than the Administrative Agent's ’s close of business on the date such notice is given (if notice is given by 2:00 P.M. New York City timeP.M.) or 10:00 A.M. New York City time the following day (if notice is given after 2:00 P.M. New York City time or in the case of any Lender whose Applicable Lending Office is located in Europeoutside of the United States), each Lender will pay to the Administrative AgentAgent in Dollars, for the account of the Issuing Bank, in immediately available funds, an a Dollar Equivalent amount equal to such Lender's ’s Pro Rata Share of the unreimbursed portion of such payment by the Issuing Bank. Amounts received by the Administrative Agent for the account of the Issuing Bank shall be forthwith transferred, in immediately available funds, to the Issuing Bank. If and to the extent that any Lender fails to make such payment to the Administrative Agent for the account of the Issuing Bank on such date, such Lender shall pay such amount on demand, together with interest, for the Issuing Bank's ’s own account, for each day from and including the date of such payment is due from such Lender to the Issuing Bank's payment Bank to but not including the date of repayment to the Issuing Bank (before and after judgment) at a rate per annum for each day (i) from and including the date of such payment by the Issuing Bank to and including the second Business Day thereafter date such payment is due from such Lender equal to the Federal Funds Rate and (ii) thereafter equal to the Base Raterate of interest payable by the Applicable Account Party under Section 2.3(a)(i). For the avoidance of doubt, it is understood and agreed by the Lenders that Letters of Credit issued prior to the Expiration Date may, by their terms, remain outstanding after the Expiration Date and that the obligations of the Lenders to make payments under this Section 2.2(e) shall continue from and after the Expiration Date until the expiration or termination of all Letters of Credit, subject to and in accordance with the terms hereof.

Appears in 1 contract

Samples: Reimbursement Agreement (Renaissancere Holdings LTD)

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Payment by Lenders on Account of Unreimbursed Draws. If the an Issuing Bank makes a payment under any Letter of Credit and is not reimbursed in full therefor on such payment date in accordance with Section 2.05(b), the such Issuing Bank may notify the Administrative Agent thereof (which notice may be by telephone), and the Administrative Agent shall forthwith notify each Lender (which notice may be by telephone promptly confirmed in writing) thereof. No later than the Administrative Agent's ’s close of business on the date such notice is given (if notice is given by 2:00 P.M. p.m. New York City time) or 10:00 A.M. a.m. New York City time the following day (if notice is given after 2:00 P.M. p.m. New York City time or in the case of any Lender whose Applicable Lending Office is located in Europe), each Lender will pay to the Administrative Agent, for the account of the applicable Issuing Bank, in immediately available funds, an amount equal to such Lender's ’s Pro Rata Share of the unreimbursed portion of such payment by the such Issuing Bank. Amounts received by the Administrative Agent for the account of the an Issuing Bank shall be forthwith transferred, in immediately available funds, to the such Issuing Bank. If and to the extent that any Lender fails to make such payment to the Administrative Agent for the account of the applicable Issuing Bank on such date, such Lender shall pay such amount on demand, together with interest, for the such Issuing Bank's ’s own account, for each day from and including the date of the such Issuing Bank's ’s payment to but not including the date of repayment to the such Issuing Bank (before and after judgment) at a rate per annum for each day (i) from and including the date of such payment by the such Issuing Bank to and including the second Business Day thereafter equal to the Federal Funds Rate and (ii) thereafter equal to the Base Rate.

Appears in 1 contract

Samples: Credit Agreement (Ace LTD)

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