Common use of Payment of Amounts Drawn Under Letters of Credit Clause in Contracts

Payment of Amounts Drawn Under Letters of Credit. Each Borrower agrees to pay to the Lender any and all amounts required to be paid under the applicable L/C Application, when and as required to be paid thereby, and the amounts designated below, when and as designated: (a) Each Borrower hereby agrees to pay the Lender on the day a draft is honored under any Letter of Credit a sum equal to all amounts drawn under such Letter of Credit plus any and all reasonable charges and expenses that the Lender may pay or incur relative to such draw, plus interest on all such amounts, charges and expenses as set forth below (all such amounts are hereinafter referred to as the “Obligation of Reimbursement”). (b) Each Borrower hereby agrees to pay the Lender on demand interest on all amounts, charges and expenses payable by such Borrower to the Lender under this Section 2.19, accrued from the date any such draft, charge or expense is paid by the Lender until payment in full by such Borrower at the Revolving Floating Rate. If a Borrower fails to pay to the Lender promptly the amount of its Obligation of Reimbursement in accordance with the terms hereof and the L/C Application pursuant to which such Letter of Credit was issued, the Lender is hereby irrevocably authorized and directed, in its sole discretion, to make a Revolving Advance in an amount sufficient to discharge the Obligation of Reimbursement, including all interest accrued thereon but unpaid at the time of such Revolving Advance, and such Revolving Advance shall be evidenced by the Revolving Note and shall bear interest as provided in Section 2.8 hereof.

Appears in 2 contracts

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

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Payment of Amounts Drawn Under Letters of Credit. Each Borrower agrees to pay to the Lender any and all amounts required to be paid under the applicable L/C Application, when and as required to be paid thereby, and the amounts designated below, when and as designated: (a) Each Borrower hereby agrees to pay In the Lender on the day event of any request for a draft is honored drawing under any Letter of Credit a sum by the beneficiary thereof, the Issuer shall notify Intermet, the Administrative Agent and the Lenders on or before the date on which the Issuer intends to honor such drawing, and Intermet shall reimburse the Issuer on the day on which such drawing is honored in an amount, in same day funds, equal to all amounts drawn under the amount of such Letter of Credit plus any and all reasonable charges and expenses that the Lender may pay or incur relative to such draw, plus interest on all such amounts, charges and expenses as set forth below (all such amounts are hereinafter referred to as the “Obligation of Reimbursement”)drawing. (b) Each Borrower hereby agrees to pay the Lender on demand interest on all amounts, charges and expenses payable by such Borrower Notwithstanding any provision of this Agreement to the Lender under this Section 2.19contrary, accrued to the extent that any Letter of Credit or portion thereof remains outstanding on the Maturity Date, for any reason whatsoever, the parties hereto 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 Maturity Date which amount shall be paid by Intermet to and held by the Issuer as cash collateral for its remaining obligations pursuant to such Letters of Credit. (c) As between Intermet and the Issuer, Intermet assumes all risk of the acts and omissions of, or misuse of, the Letters of Credit issued by the Issuer, by the respective beneficiaries of such Letters of Credit, other than losses resulting from the date any such draft, charge or expense is paid by gross negligence and willful misconduct of the Lender until payment Issuer. In furtherance and not in full by such Borrower at limitation of the Revolving Floating Rate. If a Borrower fails to pay foregoing but subject to the Lender promptly exception for the amount Issuer's gross negligence or willful misconduct set forth above, the Issuer shall not be responsible (i) for the form, validity, sufficiency, accuracy, genuineness or legal effect of its Obligation of Reimbursement any document submitted by any party in accordance connection with the terms hereof application for and issuance of such Letters of Credit, even if it should in fact prove to be in any or all respects insufficient, inaccurate, fraudulent or forged or otherwise invalid; (ii) for the L/C Application pursuant validity or sufficiency of any instrument transferring or assigning or purporting to which transfer or assign any such Letter of Credit was issuedor the rights or benefits thereunder or proceeds thereof in whole or in part which may prove to be invalid or ineffective for any reason; (iii) for failure of the beneficiary of any such Letter of Credit to comply fully with the conditions required in order to draw upon such Letter of Credit; (iv) for errors, omissions, interruptions or delays in transmission or delivery of any messages, by mail, cable, telegraph, telex, telecopy or otherwise; (v) for good faith errors in interpretation of technical terms; (vi) for any loss or delay in the Lender is hereby irrevocably authorized and directed, transmission or otherwise of any document required in its sole discretion, order to make a Revolving Advance in an amount sufficient to discharge drawing under any such Letter of Credit or the Obligation of Reimbursement, including all interest accrued thereon but unpaid at proceeds thereof; (vii) for the time of such Revolving Advance, and such Revolving Advance shall be evidenced misapplication by the Revolving Note beneficiary of any such Letter of Credit; and shall bear interest as provided in Section 2.8 hereof(viii) for any consequences arising from causes beyond the control of the Issuer.

Appears in 1 contract

Samples: Credit Agreement (Intermet Corp)

Payment of Amounts Drawn Under Letters of Credit. Each The Borrower acknowledges that the Lender, as co-applicant, will be liable to the Issuer of any Letter of Credit for reimbursement of any and all draws thereunder and all other amounts required to be paid under the applicable L/C Application. Accordingly, the Borrower agrees to pay to the Lender any and all amounts required to be paid under the applicable L/C Application, when and as required to be paid thereby, and the amounts designated below, when and as designated: (a) Each The Borrower hereby agrees to pay the Lender on the day a draft is honored under any Letter of Credit a sum equal to all amounts drawn under such Letter of Credit plus any and all reasonable charges and expenses that the Issuer or the Lender may pay or incur relative to such draw, plus interest on all such amounts, charges and expenses as set forth below (all such amounts are hereinafter referred to to, collectively, as the "Obligation of Reimbursement"). (b) Each The Borrower hereby agrees to pay the Lender on demand interest on all amounts, charges and expenses payable by such the Borrower to the Lender under this Section 2.192.14, accrued from the date any such draft, charge or expense is paid by the Lender Issuer until payment in full by such the Borrower at the Revolving Floating Rate. If a the Borrower fails to pay to the Lender promptly the amount of its Obligation of Reimbursement in accordance with the terms hereof and the L/C Application pursuant to which such Letter of Credit was issued, the Lender is hereby irrevocably authorized and directed, in its sole discretion, to make a Revolving Advance in an amount sufficient to discharge the Obligation of Reimbursement, including all interest accrued thereon but unpaid at the time of such Revolving Advance, and such Revolving Advance shall be evidenced by the Revolving Note and shall bear interest as provided in Section 2.8 2.3 hereof.

Appears in 1 contract

Samples: Credit and Security Agreement (Dakotah Inc)

Payment of Amounts Drawn Under Letters of Credit. Each The Borrower acknowledges that the Lender, as co-applicant, will be liable to the Issuer of any Letter of Credit for reimbursement of any and all draws thereunder and all other amounts required to be paid under the applicable L/C Application. Accordingly, the Borrower agrees to pay to the Lender any and all amounts required to be paid under the applicable L/C Application, when and as required to be paid thereby, and the amounts designated below, when and as designated: (a) Each The Borrower hereby agrees to pay the Lender on the day a draft is honored under any Letter of Credit a sum equal to all amounts drawn under such Letter of Credit plus any and all reasonable charges and expenses that the Issuer or the Lender may pay or incur relative to such draw, plus interest on all such amounts, charges and expenses as set forth below (all such amounts are hereinafter referred to as the "Obligation of Reimbursement"). (b) Each The Borrower hereby agrees to pay the Lender on demand interest on all amounts, charges and expenses payable by such the Borrower to the Lender under this Section 2.192.12, accrued from the date any such draft, charge or expense is paid by the Lender Issuer until payment in full by such the Borrower at the Revolving Floating Rate. If a the Borrower fails to pay to the Lender promptly the amount of its Obligation of Reimbursement in accordance with the terms hereof and the L/C Application pursuant to which such Letter of Credit was issued, the Lender is hereby irrevocably authorized and directed, in its sole discretion, to make a Revolving Advance in an amount sufficient to discharge the Obligation of Reimbursement, including all interest accrued thereon but unpaid at the time of such Revolving Advance, and such Revolving Advance shall be evidenced by the Revolving Note and shall bear interest as provided in Section 2.8 2.3 hereof.

Appears in 1 contract

Samples: Credit and Security Agreement (Rsi Systems Inc/Mn)

Payment of Amounts Drawn Under Letters of Credit. Each The Borrower acknowledges that the Lender, as co-applicant, will be liable to the Issuer of any Letter of Credit for reimbursement of any and all draws thereunder and all other amounts required to be paid under the applicable L/C Application. Accordingly, the Borrower agrees to pay to the Lender any and all amounts required to be paid under the applicable L/C Application, when and as required to be paid thereby, and the amounts designated below, when and as designated: (a) Each The Borrower hereby agrees to pay the Lender on the day a draft is honored under any Letter of Credit a sum equal to all amounts drawn under such Letter of Credit plus any and all reasonable charges and expenses that the Issuer or the Lender may pay or incur relative to such draw, plus interest on all such amounts, charges and expenses as set forth below (all such amounts are hereinafter referred to as the "Obligation of Reimbursement"). (b) Each The Borrower hereby agrees to pay the Lender on demand interest on all amounts, charges and expenses payable by such the Borrower to the Lender under this Section 2.19, accrued from the date any such draft, charge or expense is paid by the Lender Issuer until payment in full by such the Borrower at the Revolving Floating Rate. If a the Borrower fails to pay to the Lender promptly the amount of its Obligation of Reimbursement in accordance with the terms hereof and the L/C Application pursuant to which such Letter of Credit was issued, the Lender is hereby irrevocably authorized and directed, in its sole discretion, to make a Revolving Advance in an amount sufficient to discharge the Obligation of Reimbursement, including all interest accrued thereon but unpaid at the time of such Revolving Advance, and such Revolving Advance shall be evidenced by the Revolving Note and shall bear interest as provided in Section 2.8 hereof.

Appears in 1 contract

Samples: Credit and Security Agreement (Heska Corp)

Payment of Amounts Drawn Under Letters of Credit. Each The Borrower acknowledges that the Lender, as co-applicant, will be liable to the Issuer of any Letter of Credit for reimbursement of any and all draws thereunder and all other amounts required to be paid under the applicable L/C Application. Accordingly, the Borrower agrees to pay to the Lender any and all amounts required to be paid under the applicable L/C Application, when and as required to be paid thereby, and the amounts designated below, when and as designated: (a) Each The Borrower hereby agrees to pay the Lender on the day a draft is honored under any Letter of Credit a sum equal to all amounts drawn under such Letter of Credit plus any and all reasonable charges and expenses that the Issuer or the Lender may pay or incur relative to such draw, plus interest on all such amounts, charges and expenses as set forth below (all such amounts are hereinafter referred to to, collectively, as the “Obligation of Reimbursement”"OBLIGATION OF REIMBURSEMENT"). (b) Each The Borrower hereby agrees to pay the Lender on demand interest on all amounts, charges and expenses payable by such the Borrower to the Lender under this Section 2.192.5, accrued from the date any such draft, charge or expense is paid by the Lender Issuer until payment in full by such the Borrower at the Revolving Floating Default Rate. If a the Borrower fails to pay to the Lender promptly the amount of its Obligation of Reimbursement in accordance with the terms hereof and the L/C Application pursuant to which such Letter of Credit was issued, the Lender is hereby irrevocably authorized and directed, in its sole discretion, to make a Revolving an Advance in an amount sufficient to discharge the Obligation of Reimbursement, including all interest accrued thereon but unpaid at the time of such Revolving Advance, and such Revolving Advance shall be evidenced by the Revolving Demand Note and shall bear interest as provided in Section 2.8 2.9 hereof.

Appears in 1 contract

Samples: Credit and Security Agreement (Stocker & Yale Inc)

Payment of Amounts Drawn Under Letters of Credit. Each Borrower agrees The Borrowers acknowledge that the Lender, as co-applicant, will be liable to the Issuer of any Letter of Credit for reimbursement of any and all draws thereunder and all other amounts required to be paid under the applicable L/C Application. Accordingly, the Borrowers agree to pay to the Lender any and all amounts required to be paid under the applicable L/C Application, when and as required to be paid thereby, and the amounts designated below, when and as designated: (a) Each Borrower The Borrowers hereby agrees agree to pay the Lender on the day a draft is honored under any Letter of Credit a sum equal to all amounts drawn under such Letter of Credit plus any and all reasonable charges and expenses that the Issuer or the Lender may pay or incur relative to such draw, plus interest on all such amounts, charges and expenses as set forth below (all such amounts are hereinafter referred to to, collectively, as the “Obligation of Reimbursement”). (b) Each Borrower The Borrowers hereby agrees agree to pay the Lender on demand interest on all amounts, charges and expenses payable by such Borrower the Borrowers to the Lender under this Section 2.192.4, accrued from the date any such draft, charge or expense is paid by the Lender Issuer until payment in full by such Borrower the Borrowers at the Revolving Floating Default Rate. If a Borrower fails the Borrowers fail to pay to the Lender promptly the amount of its Obligation of Reimbursement in accordance with the terms hereof and the L/C Application pursuant to which such Letter of Credit was issued, the Lender is hereby irrevocably authorized and directed, in its sole discretion, to make a Revolving an Advance in an amount sufficient to discharge the Obligation of Reimbursement, including all interest accrued thereon but unpaid at the time of such Revolving Advance, and such Revolving Advance shall be evidenced by the Revolving Note and shall bear interest as provided in Section 2.8 hereofhereof for Prime Rate Revolving Portions.

Appears in 1 contract

Samples: Credit and Security Agreement (Synergetics Usa Inc)

Payment of Amounts Drawn Under Letters of Credit. Each The Borrower acknowledges that the Lender, as co-applicant, will be liable to the Issuer of any Letter of Credit and of the Computer Sales L/C for reimbursement of any and all draws thereunder and all other amounts required to be paid under the applicable L/C Application. Accordingly, the Borrower agrees to pay to the Lender any and all amounts required to be paid under the applicable L/C Application, when and as required to be paid thereby, and the amounts designated below, when and as designated: (a) Each The Borrower hereby agrees to pay the Lender on the day a draft is honored under any Letter of Credit and/or under the Computer Sales L/C, a sum equal to all amounts drawn under such Letter of Credit and/or under the Computer Sales L/C, as the case may be, plus any and all reasonable charges and expenses that the Issuer or the Lender may pay or incur relative to such draw, plus interest on all such amounts, charges and expenses as set forth below (all such amounts are hereinafter referred to to, collectively, as the "Obligation of Reimbursement"). (b) Each The Borrower hereby agrees to pay the Lender on demand interest on all amounts, charges and expenses payable by such the Borrower to the Lender under this Section 2.192.5, accrued from the date any such draft, charge or expense is paid by the Lender Issuer until payment in full by such the Borrower at the Revolving Floating Default Rate. If a the Borrower fails to pay to the Lender promptly the amount of its Obligation of Reimbursement in accordance with the terms hereof and the L/C Application pursuant to which such Letter of Credit or the Computer Sales L/C was issued, the Lender is hereby irrevocably authorized and directed, in its sole discretion, to make a Revolving an Advance in an amount sufficient to discharge the Obligation of Reimbursement, including all interest accrued thereon but unpaid at the time of such Revolving Advance, and such Revolving Advance shall be evidenced by the Revolving Note and shall bear interest as provided in Section 2.8 2.9 hereof.

Appears in 1 contract

Samples: Credit and Security Agreement (Sportsmans Guide Inc)

Payment of Amounts Drawn Under Letters of Credit. Each Draws under any Letter of Credit issued by Lender shall be reimbursed to the Lender in accordance with the applicable L/C Application and as set forth below. In the case of Letters of Credit not issued by the Lender, the Borrower acknowledges that the Lender, as co-applicant, will be liable to the Issuer of any Letter of Credit for reimbursement of any and all draws thereunder and all other amounts required to be paid under the applicable L/C Application. Accordingly, the Borrower agrees to pay to the Lender any and all amounts required to be paid under the applicable L/C Application, when and as required to be paid thereby, and the amounts designated below, when and as designated:. (a) Each The Borrower hereby agrees to pay the Lender on the day a draft is honored under any Letter of Credit a sum equal to all amounts drawn under such Letter of Credit plus any and all reasonable charges and expenses that the Issuer or the Lender may pay or incur relative to such draw, plus interest on all such amounts, charges and expenses as set forth below (all such amounts are hereinafter referred to to, collectively, as the "Obligation of Reimbursement"). (b) Each The Borrower hereby agrees to pay the Lender on demand interest on all amountsamount, charges and expenses payable by such the Borrower to the Lender under this Section 2.19Section, accrued from the date any such draft, charge or expense is paid by the Lender or Issuer until payment in full by such the Borrower at the Revolving Floating Default Rate. If a the Borrower fails to pay to the Lender promptly the amount of its Obligation of Reimbursement in accordance with the terms hereof and the L/C Application pursuant to which such Letter of Credit was issued, the Lender is hereby irrevocably authorized and directed, in its sole discretion, to make a Revolving an Advance in an amount sufficient to discharge the Obligation of Reimbursement, including all interest accrued thereon but unpaid at the time of such Revolving Advance, and such Revolving Advance shall be evidenced by the Revolving Note and shall bear interest as provided in Section 2.8 hereofthis Agreement.

Appears in 1 contract

Samples: Credit and Security Agreement (Bentley International Inc)

Payment of Amounts Drawn Under Letters of Credit. Each Borrower agrees to pay to the Lender any and all amounts required to be paid under the applicable L/C Application, when and as required to be paid thereby, and the amounts designated below, when and as designated: (ai) Each Borrower hereby agrees to pay the Lender on the day a draft is honored under any A Fronting Letter of Credit Lender shall notify the Borrower with notice to the Administrative Agent on or before the date on which such Fronting Letter of Credit Lender intends to honour any drawing under a sum Letter of Credit. (ii) In respect of each Letter of Credit, unless, on the date of such drawing, the Borrower has in response to a demand from the issuing Fronting Letter of Credit Lender deposited, in the same day funds, to the Borrower’s Account an amount equal to all amounts the amount of such drawing; then (A) the Borrower shall be deemed to have given a Borrowing Request to the Administrative Agent, requesting a Canadian Prime Borrowing under the Revolving Credit, in respect of any Canadian Dollar amount drawn under such Letter of Credit, or U.S. Base Rate Borrowing under the Revolving Credit, in respect of any U.S. Dollar amount drawn under such Letter of Credit, and in each case, as determined by the Administrative Agent acting reasonably, based upon the amount and currency required on the date on which such drawing is honoured; (B) the Lenders shall, on the date of such drawing, make such Borrowing rateably; and (C) the Administrative Agent shall pay the proceeds thereof to the relevant Fronting Letter of Credit plus Xxxxxx as reimbursement for the amount of such drawing. The Administrative Agent shall promptly notify the Borrower of any and all reasonable charges and expenses that the Lender may pay or incur relative to such draw, plus interest on all such amounts, charges and expenses as set forth below (all such amounts are hereinafter referred to as the “Obligation of Reimbursement”)Borrowing. (biii) Each Borrower hereby agrees Lender shall be required to pay make its rateable portion of the Lender on demand interest on all amountsBorrowing referred to in Section 2.21(e)(ii) notwithstanding, charges and expenses payable by such Borrower to the Lender under this Section 2.19, accrued from the date any such draft, charge or expense is paid by the Lender until payment in full by such Borrower at the Revolving Floating Rate. If a Borrower fails to pay to the Lender promptly (i) the amount of its Obligation of Reimbursement in accordance the Borrowing may not comply with the terms hereof minimum amount for Borrowings otherwise required under this Agreement; (ii) that the conditions specified in Article 4 are not then satisfied; (iii) that a Default or Event of Default has occurred and is continuing; (iv) the L/C Application pursuant to which date of such Borrowing; or (v) any reduction of the Commitment after any Letter of Credit was issued, the Lender is hereby irrevocably authorized and directed, in its sole discretion, to make issued by a Revolving Advance in an amount sufficient to discharge the Obligation Fronting Letter of Reimbursement, including all interest accrued thereon but unpaid at the time of such Revolving Advance, and such Revolving Advance shall be evidenced by the Revolving Note and shall bear interest as provided in Section 2.8 hereofCredit Lender.

Appears in 1 contract

Samples: Credit Agreement

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Payment of Amounts Drawn Under Letters of Credit. Each Borrower agrees to pay to In the Lender event of any and all amounts required to be paid under the applicable L/C Application, when and as required to be paid thereby, and the amounts designated below, when and as designated: (a) Each Borrower hereby agrees to pay the Lender on the day a draft is honored request for drawing under any Letter of Credit a sum by the beneficiary thereof, Lender shall notify Borrower and Borrower shall reimburse Lender on the day on which such drawing is honored in an amount in same day funds equal to all amounts drawn under the amount of such drawing; provided that (a) if sufficient funds are then in the Letter of Credit plus any and all reasonable charges and expenses that Cash Collateral Account to reimburse Lender in full for the amount of such drawing, Lender may pay or incur relative shall reimburse itself by debiting such amount necessary to such drawreimburse Lender from the Letter of Credit Cash Collateral Account, plus interest on all such amounts, charges and expenses as set forth below (all such amounts are hereinafter referred to as the “Obligation of Reimbursement”). (b) Each Borrower hereby agrees if the funds then in the Letter of Credit Cash Collateral Account are insufficient to pay the reimburse Lender on demand interest on all amounts, charges and expenses payable by such Borrower to the Lender under this Section 2.19, accrued from the date any such draft, charge or expense is paid by the Lender until payment in full by such Borrower at the Revolving Floating Rate. If a Borrower fails to pay to the Lender promptly for the amount of its Obligation such drawing, Lender shall debit the Letter of Reimbursement Credit Cash Collateral Account in the amount thereof and the unreimbursed balance of such drawing shall be reimbursed in accordance with clause (c) below, and (c) if there are no funds (or insufficient funds) then in the terms hereof and the L/C Application pursuant to which such Letter of Credit was issuedCash Collateral Account then unless Borrower shall have notified Lender prior to 11:00 A.M. on the date of such drawing that Borrower intends to reimburse Lender for the amount of such drawing with funds other than the proceeds of a Revolving Credit Loan, the Borrower shall be deemed to have given notice to Lender is hereby irrevocably authorized and directed, in its sole discretion, requesting it to make a Revolving Advance Credit Loan in accordance with Section 3.1 on the day on which such drawing is honored (the "Reimbursement Date") in an aggregate amount sufficient equal to discharge the Obligation of Reimbursement, including all interest accrued thereon but unpaid at the time amount of such Revolving Advancedrawing less the amount, and such Revolving Advance shall be evidenced by the Revolving Note and shall bear interest as provided in Section 2.8 hereofif any, remitted to Lender pursuant to clause (b) above.

Appears in 1 contract

Samples: Loan and Security Agreement (Emtec Inc/Nj)

Payment of Amounts Drawn Under Letters of Credit. Each The Borrower acknowledges that the Lender, as co-applicant, will be liable to the Issuer of any Letter of Credit for reimbursement of any and all draws thereunder and all other amounts required to be paid under the applicable L/C Application. Accordingly, the Borrower agrees to pay to the Lender any and all amounts required to be paid under the applicable L/C Application, when and as required to be paid thereby, and the amounts designated below, when and as designated: (a) Each The Borrower hereby agrees to pay the Lender on the day a draft is honored under any Letter of Credit a sum equal to all amounts drawn under such Letter of Credit plus any and all reasonable charges and expenses that the Issuer or the Lender may pay or incur relative to such draw, plus interest on all such amounts, charges and expenses as set forth below (all such amounts are hereinafter referred to to, collectively, as the "Obligation of Reimbursement"). (b) Each The Borrower hereby agrees to pay the Lender on demand interest on all amounts, charges and expenses payable by such the Borrower to the Lender under this Section 2.192.5, accrued from the date any such draft, charge or expense is paid by the Lender Issuer until payment in full by such the Borrower at the Revolving Floating Default Rate. If a the Borrower fails to pay to the Lender promptly the amount of its Obligation of Reimbursement in accordance with the terms hereof and the L/C Application pursuant to which such Letter of Credit was issued, the Lender is hereby irrevocably authorized and directed, in its sole discretion, to make a Revolving an Advance in an amount sufficient to discharge the Obligation of Reimbursement, including all interest accrued thereon but unpaid at the time of such Revolving Advance, and such Revolving Advance shall be evidenced by the Revolving Note and shall bear interest as provided in Section 2.8 2.9 hereof.

Appears in 1 contract

Samples: Credit and Security Agreement (Royal Grip Inc)

Payment of Amounts Drawn Under Letters of Credit. Each OBLIGATION OF REIMBURSEMENT. The Borrower acknowledges that the Lender, as co-applicant on the New Letters of Credit or as indemnitor on the Prior Letters of Credit, will be liable to the Issuer for reimbursement of any and all draws under Letters of Credit and for all other amounts required to be paid under the applicable L/C Application. Accordingly, the Borrower agrees to pay to the Lender any and all amounts required to be paid under the applicable L/C Application, when and as required to be paid thereby, and the amounts designated below, when and as designated: (a) Each The Borrower hereby agrees to pay the Lender on the day a draft is honored under any Letter of Credit a sum equal to all amounts drawn under such Letter of Credit plus any and all reasonable charges and expenses that the Issuer or the Lender may pay or incur relative to such drawdraw and the applicable L/C Application, plus interest on all such amounts, charges and expenses as set forth below (the Borrower's obligation to pay all such amounts are hereinafter is herein referred to as the "Obligation of Reimbursement"). (b) Each If a draft is submitted under a Letter of Credit when the Borrower hereby agrees is unable, because a Default Period then exists or for any other reason, to obtain a Revolving Advance to pay the Obligation of Reimbursement, the Borrower shall pay to the Lender on demand interest on all amountsand in immediately available funds, charges and expenses payable by such Borrower to the Lender under this Section 2.19amount of the Obligation of Reimbursement together with interest, accrued from the date any such draft, charge or expense is paid by of the Lender draft until payment in full by such Borrower at the Revolving Floating Default Rate. If Notwithstanding the Borrower's inability to obtain a Borrower fails to pay to the Lender promptly the amount of its Obligation of Reimbursement in accordance with the terms hereof and the L/C Application pursuant to which such Letter of Credit was issuedRevolving Advance for any reason, the Lender is hereby irrevocably authorized and directedauthorized, in its sole discretion, to make a Revolving Advance in an amount sufficient to discharge the Obligation of Reimbursement, including Reimbursement and all interest accrued thereon but unpaid at the time of such Revolving Advance, and such interest thereon. (c) The Borrower's obligation to pay any Revolving Advance made under this Section 2.5, shall be evidenced by the Revolving Note and shall bear interest as provided in Section 2.8 hereof2.

Appears in 1 contract

Samples: Credit and Security Agreement (SPF Energy Inc)

Payment of Amounts Drawn Under Letters of Credit. Each The Borrower acknowledges that the Lender, as co-applicant, will be liable to the Issuer of any Letter of Credit for reimbursement of any and all draws thereunder and all other amounts required to be paid under the applicable L/C Application. Accordingly, the Borrower agrees to pay to the Lender any and all amounts required to be paid under the applicable L/C Application, when and as required to be paid thereby, and the amounts designated below, when and as designated: (a) Each The Borrower hereby agrees to pay the Lender on the day a draft is honored under any Letter of Credit a sum equal to all amounts drawn under such Letter of Credit plus any and all reasonable charges and expenses that the Issuer or the Lender may pay or incur relative to such draw, plus interest on all such amounts, charges and expenses as set forth below (all such amounts are hereinafter referred to to, collectively, as the "Obligation of Reimbursement"). So long as no Default shall then exist, the Obligation of Reimbursement shall be paid first through an Advance to the extent available under the Credit Facility. (b) Each The Borrower hereby agrees to pay the Lender on demand interest on all amounts, charges and expenses payable by such the Borrower to the Lender under this Section 2.192.3, accrued from the date any such draft, charge or expense is paid by the Lender Issuer until payment in full by such the Borrower at the Revolving Floating Default Rate. If a the Borrower fails to pay to the Lender promptly the amount of its Obligation of Reimbursement in accordance with the terms hereof and the L/C Application pursuant to which such Letter of Credit was issued, the Lender is hereby irrevocably authorized and directed, in its sole discretion, to make a Revolving an Advance in an amount sufficient to discharge the Obligation of Reimbursement, including all interest accrued thereon but unpaid at the time of such Revolving Advance, and such Revolving Advance shall be evidenced by the Revolving Note and shall bear interest as provided in Section 2.8 2.7 hereof.

Appears in 1 contract

Samples: Credit and Security Agreement (Crager Industries Inc)

Payment of Amounts Drawn Under Letters of Credit. Each The Borrower acknowledges that the Lender will be liable to the Issuer for reimbursement of any and all draws under Letters of Credit and for all other amounts required to be paid under the applicable tiC Application. Accordingly, the Borrower agrees to pay to the Lender any and all amounts required to be paid under the applicable L/C Application, when and as required to be paid thereby, and the amounts designated below, when and as designated: (a) Each The Borrower hereby agrees to pay the Lender on the day a draft is honored under any Letter of Credit a sum equal to all amounts drawn under such Letter of Credit plus any and all reasonable charges and expenses that the Issuer or the Lender may pay or incur relative to such drawdraw and the applicable L/C Application, plus interest on all such amounts, charges and expenses as set forth below (the Borrower's obligation to pay all such amounts are hereinafter is herein referred to as the "Obligation of Reimbursement"). (b) Each Whenever a draft is submitted under a Letter of Credit, the Lender shall debit the amount of the draft against the Borrower's operating account. If there are insufficient funds in the operating account to meet the full amount of the draft, the Lender shall make a Revolving Advance in the amount of the Obligation of Reimbursement and shall apply the proceeds of such Revolving Advance thereto. Such Revolving Advance shall be repayable in accordance with and, be treated in all other respects as a Revolving Advance hereunder. (c) If a draft is submitted under a Letter of Credit when the Borrower hereby agrees is unable, because a Default Period then exists or for any other reason, to obtain a Revolving Advance to pay the Obligation of Reimbursement, the Borrower shall pay to the Lender on demand interest on all amountsand in immediately available funds, charges and expenses payable by such Borrower to the Lender under this Section 2.19amount of the Obligation of Reimbursement together with interest, accrued from the date any such draft, charge or expense is paid by of the Lender draft until payment in full by such Borrower at the Revolving Floating Default Rate. If Notwithstanding the Borrower's inability to obtain a Borrower fails to pay to the Lender promptly the amount of its Obligation of Reimbursement in accordance with the terms hereof and the L/C Application pursuant to which such Letter of Credit was issuedRevolving Advance for any reason, the Lender is hereby irrevocably authorized and directedauthorized, in its sole discretion, to make a Revolving Advance in an amount sufficient to discharge the Obligation of Reimbursement, including Reimbursement and all interest accrued thereon but unpaid at the time of such Revolving Advance, and such interest thereon. The Borrower's obligation to pay any Revolving Advance made under this Section 2.19, shall be evidenced by the Revolving Note and shall bear interest as provided in Section 2.8 hereof2.6."

Appears in 1 contract

Samples: Credit and Security Agreement (Spectrum Organic Products Inc)

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