Common use of PAYMENT OF AMOUNTS DRAWN UNDER LETTER OF CREDIT Clause in Contracts

PAYMENT OF AMOUNTS DRAWN UNDER LETTER OF CREDIT. (a) In the event of any request for a drawing under any Letter of Credit by the beneficiary thereof, the Administrative Agent shall notify the Company and the Lenders on or before the date on which the Administrative Agent intends to honor such drawing, and the Company shall reimburse the Administrative Agent on the day on which such drawing is honored in an amount, in same day funds, equal to the amount of such drawing, provided that anything contained in this Agreement to the contrary notwithstanding, unless the Company shall have notified the Administrative Agent prior to 11:00 A.M. (New York, New York time) on the Business Day immediately prior to the date on which such drawing is honored, that the Company intends to reimburse the Administrative Agent for the amount of such drawing in funds other than the proceeds of Revolving Loans, the Company shall be deemed to have timely given a Notice of Borrowing to the Administrative Agent requesting Revolving Loans which are Base Rate Advances on the date on which such drawing is honored in an amount equal to the amount of such drawing, and the Lenders shall by 1:00 P.M. (New York, New York time) on the date of such drawing, make Revolving Loans which are Base Rate Advances in the amount of such drawing, the proceeds of which shall be applied directly by the Administrative Agent to reimburse the Administrative Agent for the amount of such drawing, provided that for the purposes solely of such Borrowing, the conditions and precedents set forth in Sections 3.01 and 3.02 hereof shall not be applicable, and provided further that if for any reason proceeds of the Revolving Loans are not received by the Administrative Agent on such date in the amount equal to the amount of such drawing, the Company shall reimburse the Administrative Agent on the Business Day immediately following the date of such drawing in an amount, in dollars and immediately available funds, equal to the excess of the amount of such drawing over the amount of such Revolving Loans, if any, which are so received, plus accrued interest on the amount at the applicable rate of interest for Base Rate Advances. (b) Notwithstanding any provision of this Agreement to the contrary, to the extent that any Letter of Credit or portion thereof remains outstanding on the Commitment Termination Date, the parties hereby agree that the beneficiary or beneficiaries thereof shall be deemed to have made a drawing of all available amounts pursuant to such Letters of Credit on the Commitment Termination Date, which amounts shall be reimbursed to the Administrative Agent as set forth above.

PAYMENT OF AMOUNTS DRAWN UNDER LETTER OF CREDIT. (a) In the event of any request for a drawing under any Letter of Credit by the beneficiary thereof, the Administrative Agent shall notify the Company Borrower and the Lenders as promptly as possible on or before the date on which the Administrative Agent intends to honor such drawing, and the Company Borrower shall reimburse the Administrative Agent on the day on which such drawing is honored in an amount, in same day funds, equal to the amount of such drawing, provided that anything contained in this Agreement to the contrary notwithstanding, unless the Company Borrower shall have notified the Administrative Agent prior to 11:00 11:30 A.M. (New YorkAtlanta, New York Georgia time) on the Business Day immediately prior to the date on which such drawing is honored, that the Company Borrower intends to reimburse the Administrative Agent for the amount of such drawing in funds other than the proceeds of Revolving Loans, the Company Borrower shall be deemed to have timely given a Notice of Borrowing to the Administrative Agent requesting Revolving Loans which are Base Rate Advances on the date on which such drawing is honored in an amount equal to the amount of such drawing, and the Lenders shall by 1:00 P.M. (New YorkAtlanta, New York Georgia time) on the date of such drawing, make Revolving Loans which are Base Rate Advances in the amount of such drawing, the proceeds of which shall be applied directly by the Administrative Agent to reimburse the Administrative Agent itself for the amount of such drawing, provided that for the purposes solely of such Borrowing, the conditions and precedents set forth in Sections 3.01 4.01 and 3.02 4.02 hereof shall not be applicable, and provided further that if for any reason proceeds of the Revolving Loans are not received by the Administrative Agent on such date in the amount equal to the amount of such drawing, the Company Borrower shall reimburse the Administrative Agent on the Business Day immediately following the date of such drawing in an amount, in dollars Dollars and immediately available funds, equal to the excess of the amount of such drawing over the amount of such Revolving Loans, if any, which are so received, plus accrued interest on the amount at the applicable rate of interest for Base Rate Advances. (b) Notwithstanding any provision of this Agreement to the contrary, to the extent that any Letter of Credit or portion thereof remains outstanding on the Commitment Termination Maturity Date, the parties hereby agree that the beneficiary or beneficiaries thereof shall be deemed to have made a drawing of all available amounts pursuant to such Letters of Credit on the Commitment Termination Maturity Date, which amounts shall be reimbursed to the Administrative Agent as set forth aboveabove and thereafter held by the Agent as cash collateral for its remaining obligations pursuant to such Letters of Credit.

PAYMENT OF AMOUNTS DRAWN UNDER LETTER OF CREDIT. (a) In the event of any request for a drawing under any Letter of Credit by the beneficiary thereof, the Administrative Agent shall notify the Company applicable Revolving Borrower and the Lenders on or before the date on which the Administrative Agent intends to honor such drawing, and the Company applicable Revolving Borrower shall reimburse the Administrative Agent on the day on which such drawing is honored in an amount, in same day funds, equal to the amount of such drawing, provided that anything contained in this Agreement to the contrary notwithstanding, unless the Company applicable Revolving Borrower shall have notified the Administrative Agent prior to 11:00 A.M. (New YorkAtlanta, New York Georgia time) on the Business Day immediately prior to the date on which such drawing is honored, that the Company Borrower intends to reimburse the Administrative Agent for the amount of such drawing in funds other than the proceeds of Revolving Loans, the Company applicable Revolving Borrower shall be deemed to have timely given a Notice of applicable Revolving Borrowing to the Administrative Agent requesting Revolving Loans which are Base Rate Advances on the date on which such drawing is honored in an amount equal to the amount of such drawing, and the Lenders shall by 1:00 P.M. (New YorkAtlanta, New York Georgia time) on the date of such drawing, make Revolving Loans which are Base Rate Advances in the amount of such drawing, the proceeds of which shall be applied directly by the Administrative Agent to reimburse the Administrative Agent for the amount of such drawing, provided that for the purposes solely of such Borrowing, the conditions and precedents set forth in Sections 3.01 5.01 and 3.02 5.02 hereof shall not be applicable, and provided further that if for any reason proceeds of the Revolving Loans are not received by the Administrative Agent on such date in the amount equal to the amount of such drawing, the Company Borrower shall reimburse the Administrative Agent on the Business Day immediately following the date of such drawing in an amount, in dollars Dollars and immediately available funds, equal to the excess of the amount of such drawing over the amount of such Revolving Loans, if any, which are so received, plus accrued interest on the amount at the applicable rate of interest for Base Rate Advances. Notwithstanding the foregoing, with respect to the IRB LC, if DFLP's reimbursement obligations for such draft arise under Section 2A(i) of the Letter of Credit Agreement, the Agent shall give immediate notice to each of the Revolving Lenders of such payment by the Agent. If DFLP's reimbursement obligations for such draft arise under Section 2A(ii) or 2A(iii) of the Letter of Credit Agreement, the Agent shall give notice to each of the Revolving Lenders of such payment by the Agent on the next succeeding Business Day unless such reimbursement obligation is sooner fulfilled by a Borrower. (b) Notwithstanding any provision of this Agreement to the contrary, to the extent that any Letter of Credit or portion thereof remains outstanding on the Commitment Revolver Termination Date, the parties hereby agree that the beneficiary or beneficiaries thereof shall be deemed to have made a drawing of all available amounts pursuant to such Letters of Credit on the Commitment Revolver Termination Date, which amounts shall be reimbursed to the Administrative Agent as set forth aboveabove and thereafter held by the Collateral Agent as cash collateral for its remaining obligations pursuant to such Letters of Credit in the L/C Cash Collateral Account.

PAYMENT OF AMOUNTS DRAWN UNDER LETTER OF CREDIT. (a) In the event of determining whether to honor any request for a drawing under any the Letter of Credit by the beneficiary thereof, the Administrative Agent Issuing Lender shall notify be responsible only to determine that the Company documentation required to be delivered under the Letter of Credit has been delivered and that it complies on its face with the Lenders on or before requirements of such Letter of Credit. In the date on which event the Administrative Agent intends Issuing Lender has determined to honor such a request for drawing, the Issuing Lender shall immediately notify Borrowers, Agent and the Company each Lender, and Borrowers shall reimburse the Administrative Agent Issuing Lender on the day on which such drawing is honored in an amount, amount in same day fundsfunds equal to the amount of such drawing. Anything contained in this Amended Loan Agreement to the contrary notwithstanding, (i) unless prior to 12:00 noon (New York time) on the date of such drawing (a) Borrowers shall have notified the Issuing Lender, Agent and each Lender that Borrowers intend to reimburse the Issuing Lender for the amount of such drawing with funds other than the proceeds of Revolving Loans or (b) Borrowers shall have delivered a Notice of Borrowing requesting Loans in an amount equal to the amount of such drawing, provided that anything contained in this Agreement to the contrary notwithstanding, unless the Company shall have notified the Administrative Agent prior to 11:00 A.M. (New York, New York time) on the Business Day immediately prior to the date on which such drawing is honored, that the Company intends to reimburse the Administrative Agent for the amount of such drawing in funds other than the proceeds of Revolving Loans, the Company Borrowers shall be deemed to have timely given a Notice of Borrowing to the Administrative Agent and each Lender requesting Tranche A Lenders and Tranche B Lenders to make Revolving Loans which are Base Rate Advances on the date on which such drawing is honored in an amount equal to the amount of such drawing, and the (ii) if a Notice of Borrowing has been given or is deemed to have been given by Borrowers, Tranche A Lenders shall by 1:00 P.M. (New Yorkand Tranche B Lenders shall, New York time) on the date of such drawing, make Revolving Loans which are Base Rate Advances in the amount of such drawing, the proceeds of which shall be applied directly by the Administrative Agent to reimburse the Administrative Agent Issuing Lender for the amount of such drawing, provided that for the purposes solely of such Borrowing, the conditions and precedents set forth in Sections 3.01 and 3.02 hereof shall not be applicable, and provided further that if . If for any reason proceeds of the Revolving Loans are not received by the Administrative Agent Issuing Lender on such date in the an amount equal to the amount of such drawing, the Company Borrowers shall reimburse the Administrative Agent Issuing Lender, on the Business Day immediately following the date of such drawing drawing, in an amount, amount in dollars and immediately available funds, same day funds equal to the excess of the amount of such drawing over the amount of such Revolving Loans, if any, which are so received, plus accrued interest on the such amount at the applicable rate of interest for Base Rate Advances. (b) Notwithstanding any provision of this Agreement to the contrary, to the extent that any Letter of Credit or portion thereof remains outstanding on the Commitment Termination Date, the parties hereby agree that the beneficiary or beneficiaries thereof shall be deemed to have made a drawing of all available amounts pursuant to such Letters of Credit on the Commitment Termination Date, which amounts shall be reimbursed to the Administrative Agent as set forth abovein subsection 2.3B(3).

PAYMENT OF AMOUNTS DRAWN UNDER LETTER OF CREDIT. (a) In the event of any request for a drawing under any Letter of Credit by the beneficiary thereof, the Administrative Agent shall notify the Company Borrower and the Lenders on or before the date on which the Administrative Agent intends to honor such drawing, and the Company Borrower shall reimburse the Administrative Agent on the day on which such drawing is honored in an amount, in same day funds, equal to the amount of such drawing, provided PROVIDED that anything contained in this Agreement to the contrary notwithstanding, unless the Company Borrower shall have notified the Administrative Agent prior to 11:00 A.M. (New YorkAtlanta, New York Georgia time) on the Business Day immediately prior to the date on which such drawing is honored, that the Company Borrower intends to reimburse the Administrative Agent for the amount of such drawing in funds other than the proceeds of Revolving Loans, the Company Borrower shall be deemed to have timely given a Notice of Revolving Borrowing to the Administrative Agent requesting Revolving Loans which are Base Rate Advances on the date on which such drawing is honored in an amount equal to the amount of such drawing, and the Lenders shall by 1:00 P.M. (New YorkAtlanta, New York Georgia time) on the date of such drawing, make Revolving Loans which are Base Rate Advances in the amount of such drawing, the proceeds of which shall be applied directly by the Administrative Agent to reimburse the Administrative Agent for the amount of such drawing, provided PROVIDED that for the purposes solely of such Borrowing, the conditions and precedents set forth in Sections 3.01 SECTIONS 5.01 and 3.02 5.02 hereof shall not be applicable, and provided further PROVIDED FURTHER that if for any reason proceeds of the Revolving Loans are not received by the Administrative Agent on such date in the amount equal to the amount of such drawing, the Company Borrower shall reimburse the Administrative Agent on the Business Day immediately following the date of such drawing in an amount, in dollars Dollars and immediately available funds, equal to the excess of the amount of such drawing over the amount of such Revolving Loans, if any, which are so received, plus accrued interest on the amount at the applicable rate of interest for Base Rate Advances. Notwithstanding the foregoing, with respect to the Xxxxx Letter of Credit, if the Borrower's reimbursement obligations for such draft arise under Section 2A(i) of the Xxxxx Reimbursement Agreement, the Administrative Agent shall give immediate notice to each of the Lenders of such payment by the Administrative Agent. If the Borrower's reimbursement obligations for such draft arise under Section 2(a)(ii) or 2(a)(iii) of the Xxxxx Reimbursement Agreement, the Administrative Agent shall give notice to each of the Lenders of such payment by the Administrative Agent on the next succeeding Business Day unless such draw is sooner reimbursed by the Borrower. (b) Notwithstanding any provision of this Agreement to the contrary, to the extent that any Letter of Credit or portion thereof remains outstanding on the Commitment Revolving Loan Termination Date, the parties hereby agree that the beneficiary or beneficiaries thereof shall be deemed to have made a drawing of all available amounts pursuant to such Letters of Credit on the Commitment Revolving Loan Termination Date, which amounts shall be reimbursed to the Administrative Agent as set forth aboveabove and thereafter held by the Administrative Agent as cash collateral for its remaining obligations pursuant to such Letters of Credit in the L/C Cash Collateral Account.

PAYMENT OF AMOUNTS DRAWN UNDER LETTER OF CREDIT. (a) In the event of any request for a drawing under any Letter of Credit by the beneficiary thereof, the Administrative Agent shall notify the Company and the Lenders on or before the date on which the Administrative Agent intends to honor such drawing, and the Company shall reimburse the Administrative Agent on the day on which such drawing is honored in an amount, in same day funds, equal to the amount of such drawing, provided that anything contained in this Agreement to the contrary notwithstanding, unless the Company Borrower shall have notified the Administrative Agent prior to 11:00 A.M. (New YorkAtlanta, New York Georgia time) on the Business Day immediately prior to the date on which such drawing is honored, that the Company Borrower intends to reimburse the Administrative Agent for the amount of such drawing in funds other than the proceeds of Revolving Loans, the Company Borrower shall be deemed to have timely given a Notice of Borrowing to the Administrative Agent requesting Revolving Loans which are Base Rate Advances on the date on which such drawing is honored in an amount equal to the amount of such drawing, and the Lenders shall by 1:00 P.M. (New YorkAtlanta, New York Georgia time) on the date of such drawing, make Revolving Loans which are Base Rate Advances in the amount of such drawing, the proceeds of which shall be applied directly by the Administrative Agent to reimburse the Administrative Agent for the amount of such drawing, provided that for -------- the purposes solely of such Borrowing, the conditions and precedents set forth in Sections 3.01 4.01 and 3.02 4.02 hereof shall not be applicable, and provided further ---------------- that if for any reason proceeds of the Revolving Loans are not received by the Administrative Agent on such date in the amount equal to the amount of such drawing, the Company Borrower shall reimburse the Administrative Agent on the Business Day immediately following the date of such drawing in an amount, in dollars Dollars and immediately available funds, equal to the excess of the amount of such drawing over the amount of such Revolving Loans, if any, which are so received, plus accrued interest on the amount at the applicable rate of interest for Base Rate Advances. (b) Notwithstanding any provision of this Agreement to the contrary, to the extent that any Letter of Credit or portion thereof remains outstanding on the Commitment Termination Maturity Date, the parties hereby agree that the beneficiary or beneficiaries thereof shall be deemed to have made a drawing of all available amounts pursuant to such Letters of Credit on the Commitment Termination Maturity Date, which amounts shall be reimbursed to the Administrative Agent as set forth aboveabove and thereafter held by the Agent as cash collateral for its remaining obligations pursuant to such Letters of Credit in the L/C Cash Collateral Account.