Common use of Payment of Reimbursement Obligations Clause in Contracts

Payment of Reimbursement Obligations. (i) The Borrower or the applicable Qualified Borrower unconditionally agrees to pay to each Issuing Bank, in Dollars or Alternative Currency, as applicable, the amount of all Reimbursement Obligations, interest and other amounts payable to such Issuing Bank under or in connection with the Letters of Credit and/or Alternative Currency Letter of Credit when such amounts are due and payable, irrespective of any claim, setoff, defense or other right which the Borrower may have at any time against any Issuing Bank or any other Person. (ii) In the event any payment by the Borrower or the applicable Qualified Borrower received by an Issuing Bank with respect to a Letter of Credit and/or Alternative Currency Letter of Credit and distributed by the Administrative Agent to the Lenders on account of their participations is thereafter set aside, avoided or recovered from such Issuing Bank in connection with any receivership, liquidation or bankruptcy proceeding, each Lender which received such distribution shall, upon demand by such Issuing Bank, contribute such Lender’s Pro Rata Share of the amount set aside, avoided or recovered together with interest at the rate required to be paid by such Issuing Bank upon the amount required to be repaid by it.

Appears in 7 contracts

Samples: Credit Agreement (Simon Property Group L P /De/), Credit Agreement (Simon Property Group L P /De/), Credit Agreement (Simon Property Group L P /De/)

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Payment of Reimbursement Obligations. (i) The Borrower or the applicable Qualified Borrower unconditionally agrees to pay to each the applicable Issuing Bank, in Dollars or Alternative Currency, as applicable, Bank the amount of all Reimbursement Obligations, interest and other amounts payable to such Issuing Bank under or in connection with the Letters of Credit and/or Alternative Currency each Letter of Credit Issued by such Issuing Bank for the account of such Borrower when such amounts are due and payable, irrespective of any claim, setoff, defense or other right which the such Borrower may have at any time against any such Issuing Bank or any other Person. (ii) In the event any payment by the Borrower or the applicable Qualified a Borrower received by an Issuing Bank with respect to a Letter of Credit and/or Alternative Currency Letter of Credit and distributed by the Administrative Agent to the Lenders Banks on account of their participations Letter of Credit Participations is thereafter set aside, avoided or recovered from such Issuing Bank in connection with any receivership, liquidation or bankruptcy proceeding, each Lender such Bank which received such distribution shall, upon demand by such Issuing Bank, contribute such LenderBank’s Pro Rata Share Applicable Percentage with respect to such Letter of Credit of the amount set aside, avoided or recovered together with interest at the rate required to be paid by such the Issuing Bank upon the amount required to be repaid by it.

Appears in 3 contracts

Samples: Multicurrency Credit Agreement (Ecolab Inc.), Multicurrency Credit Agreement (Ecolab Inc), Multicurrency Credit Agreement (Ecolab Inc)

Payment of Reimbursement Obligations. (i) The Borrower or the applicable Qualified Borrower unconditionally agrees to pay to each Issuing Bank, in Dollars or Alternative Currency, as applicable, the amount of all Reimbursement Obligations, interest and other amounts payable to such Issuing Bank under or in connection with the Letters of Credit and/or Alternative Currency Letter of Credit when such amounts are due and payable, irrespective of any claim, setoff, defense or other right which the Borrower may have at any time against any Issuing Bank or any other Person. (ii) In the event any payment by the Borrower or the applicable Qualified Borrower received by an Issuing Bank with respect to a Letter of Credit and/or Alternative Currency Letter of Credit and distributed by the Administrative Agent to the Revolving Credit Lenders on account of their participations is thereafter set aside, avoided or recovered from such Issuing Bank in connection with any receivership, liquidation or bankruptcy proceeding, each Revolving Credit Lender which received such distribution shall, upon demand by such Issuing Bank, contribute such Revolving Credit Lender’s applicable Pro Rata Share of the amount set aside, avoided or recovered together with interest at the rate required to be paid by such Issuing Bank upon the amount required to be repaid by it.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Washington Prime Group Inc.), Revolving Credit and Term Loan Agreement (Washington Prime Group Inc.)

Payment of Reimbursement Obligations. (i) The Borrower or the applicable Qualified Borrower applicant with respect to any Letter of Credit unconditionally agrees to pay pay, or cause its Subsidiary for whose account a Letter of Credit is issued to pay, to each Issuing Bank, in Dollars or Alternative Currency, as applicablethe currency in which such Letter of Credit is denominated, the amount of all Reimbursement Obligations, interest and other amounts payable to such Issuing Bank under or in connection with the Letters of Credit and/or Alternative Currency Letter of Credit when such amounts are due and payable, irrespective of any claim, setoff, defense or other right which the such Borrower may have at any time against any Issuing Bank or any other Person. (ii) In the event any payment by the a Borrower applicant or the applicable Qualified Borrower such Subsidiary received by an Issuing Bank with respect to a Letter of Credit and/or Alternative Currency Letter of Credit and distributed by the Administrative Agent to the Lenders on account of their participations is thereafter set aside, avoided or recovered from such Issuing Bank in connection with any receivership, liquidation or bankruptcy proceeding, each Lender which received such distribution shall, upon demand by such Issuing Bank, contribute such Lender’s 's Pro Rata Share of the amount set aside, avoided or recovered together with interest at the rate required to be paid by such Issuing Bank upon the amount required to be repaid by it.

Appears in 2 contracts

Samples: Credit Agreement (Freedom Chemical Co), Credit Agreement (Freedom Chemical Co)

Payment of Reimbursement Obligations. (i) The Borrowers, jointly and severally, unconditionally agree to pay, or cause the Subsidiary of a Borrower or the applicable Qualified Borrower unconditionally agrees for whose account a Letter of Credit is issued, as applicable, to pay pay, to each Issuing Bank, in Dollars or Alternative Currency, as applicableDollars, the amount of all Reimbursement Obligations, interest and other amounts payable to such Issuing Bank under or in connection with the Letters of Credit and/or Alternative Currency Letter of Credit when such amounts are due and payable, irrespective of any claim, setoff, defense or other right which the any Borrower or such Subsidiary of a Borrower may have at any time against any Issuing Bank or any other Person. (ii) In the event any payment by the Borrower Borrowers or the applicable Qualified Borrower such Subsidiary received by an Issuing Bank with respect to a Letter of Credit and/or Alternative Currency Letter of Credit and distributed by the Administrative Agent to the Lenders on account of their participations is thereafter set aside, avoided or recovered from such Issuing Bank in connection with any receivership, liquidation or bankruptcy proceeding, each Lender which received such distribution shall, upon demand by such Issuing Bank, contribute such Lender’s 's Pro Rata Share of the amount set aside, avoided or recovered together with interest at the rate required required, if any, to be paid by such Issuing Bank upon the amount required to be repaid by it.

Appears in 2 contracts

Samples: Credit Agreement (Aviation Sales Co), Credit Agreement (Timco Aviation Services Inc)

Payment of Reimbursement Obligations. (i) The Borrower or the applicable Qualified Each Borrower unconditionally agrees to pay to each Issuing Bank, in Dollars or Alternative Currency, as applicablethe currency in which it is denominated, the amount of all Reimbursement Obligations, interest and other amounts payable to such Issuing Bank under or in connection with the Letters of Credit and/or Alternative Currency any Letter of Credit Issued for the account of such Borrower when such amounts are due and payable, irrespective of any claim, setoff, defense or other right which the that such Borrower may have at any time against any Issuing Bank or any other Person. (ii) In the event any payment by the Borrower or the applicable Qualified any Borrower received by an Issuing Bank with respect to a Letter of Credit and/or Alternative Currency Letter Issued for the account of Credit such Borrower and distributed by the Administrative Agent to the Lenders on account of their participations participation is thereafter set aside, avoided or recovered from such Issuing Bank in connection with any receivership, liquidation or bankruptcy proceeding, each such Lender which that received such distribution shall, upon demand by such Issuing Bank, contribute such Lender’s 's Revolving Credit Pro Rata Share of the amount set aside, avoided or recovered together with interest at the rate required to be paid by such Issuing Bank upon the amount required to be repaid by it.

Appears in 1 contract

Samples: Credit Agreement (Hexcel Corp /De/)

Payment of Reimbursement Obligations. (i) The Borrower or Unless such Reimbursement Obligation is converted to a Committed Loan pursuant to Section 2A.1(d)(iv), the applicable Qualified Borrower unconditionally agrees to pay to each Issuing Bank, in Dollars or Alternative Currency, as applicable, Bank the amount of all Reimbursement Obligations, interest and other amounts payable to such Issuing Bank under or in connection with the Letters of Credit and/or Alternative Currency Letter of Credit when such amounts are due and payable, irrespective of any claim, setoff, defense or other right which the Borrower may have at any time against any Issuing Bank or any other Person. (ii) In the event any payment by the Borrower or the applicable Qualified Borrower received by an Issuing Bank with respect to a Letter of Credit and/or Alternative Currency Letter of Credit and distributed by the Administrative Lead Agent to the Lenders Banks on account of their participations is thereafter set aside, avoided or recovered from such Issuing Bank in connection with any receivership, liquidation or bankruptcy proceeding, each Lender Bank which received such distribution shall, upon demand by such Issuing Bank, contribute such Lender’s Pro Rata Share Bank's share of the amount set aside, avoided or recovered together with interest at the rate required to be paid by such Issuing Bank upon the amount required to be repaid by it.

Appears in 1 contract

Samples: Revolving Credit Agreement (Cabot Industrial Properties Lp)

Payment of Reimbursement Obligations. (i) The Borrower or the applicable Qualified Each Borrower unconditionally agrees to pay pay, or cause its Restricted Subsidiary for whose account a Letter of Credit is Issued to pay, to each Issuing Bank, in Dollars or in the applicable Alternative Currency, as applicable, the amount of all Reimbursement Obligations, interest and other amounts payable to such Issuing Bank under or in connection with the Letters of Credit and/or Alternative Currency Letter of Credit when such amounts are due and payable, irrespective of any claim, setoff, defense or other right which the such Borrower or such Subsidiary may have at any time against any Issuing Bank or any other Person. (ii) In the event any payment by the such Borrower or the applicable Qualified Borrower such Subsidiary received by an Issuing Bank with respect to a Letter of Credit and/or Alternative Currency Letter of Credit and distributed by the Administrative Agent to the Revolving Credit Lenders on account of their participations participation is thereafter set aside, avoided or recovered from such Issuing Bank in connection with any receivership, liquidation or bankruptcy proceeding, each such Lender which received such distribution shall, upon demand by such Issuing Bank, contribute such Lender’s Pro Rata Share of the amount set aside, avoided or recovered together with interest at the rate required to be paid by such Issuing Bank upon the amount required to be repaid by it.

Appears in 1 contract

Samples: Credit Agreement (It Group Inc)

Payment of Reimbursement Obligations. (i) The Each Borrower or the party to a Letter of Credit Reimbursement Agreement applicable Qualified Borrower to a Letter of Credit unconditionally agrees to pay to each Issuing Bank, in Dollars or Alternative Currency, as applicableDollars, the amount of all Reimbursement Obligations, interest and other amounts payable to such Issuing Bank under or in connection with the Letters of Credit and/or Alternative Currency such Letter of Credit Reimbursement Agreement and the Letter of Credit issued pursuant thereto when such amounts are due and payable, irrespective of any claim, setoff, defense or other right which the either Borrower may have at any time against any Issuing Bank or any other Person. (ii) In the event any payment by the Borrower or the applicable Qualified either Borrower received by an Issuing Bank with respect to a Letter of Credit and/or Alternative Currency Letter of Credit and distributed by the Administrative Funding Agent to the Lenders on account of their participations is thereafter set aside, avoided or recovered from such Issuing Bank in connection with any receivership, liquidation or bankruptcy proceeding, each Lender which received such distribution shall, upon demand by such Issuing Bank, contribute to such Issuing Bank such Lender’s 's Pro Rata Share of the amount set aside, avoided or recovered together with interest at the rate required to be paid by such Issuing Bank upon the amount required to be repaid by it.

Appears in 1 contract

Samples: Credit Agreement (Foamex International Inc)

Payment of Reimbursement Obligations. (i) The Borrower or the applicable Qualified Borrower unconditionally agrees to pay to each Issuing Bank, in Dollars or Alternative Currency, as applicable, the amount of all Reimbursement Obligations, interest and other amounts payable to such Issuing Bank under or in connection with the Letters of Credit and/or Alternative Currency Letter of Credit when such amounts are due and payable, irrespective of any claim, setoff, defense or other right which the Borrower may have at any time against any Issuing Bank or any other Person. (ii) In the event any payment by the Borrower or the applicable Qualified Borrower received by an Issuing Bank with respect to a Letter of Credit and/or Alternative Currency Letter of Credit and distributed by the Administrative Payment and Disbursement Agent to the Lenders on account of their participations is thereafter set aside, avoided or recovered from such Issuing Bank in connection with any receivership, liquidation or bankruptcy proceeding, each Lender which received such distribution shall, upon demand by such Issuing Bank, contribute such Lender’s 's Pro Rata Share of the amount set aside, avoided or recovered together with interest at the rate required to be paid by such Issuing Bank upon the amount required to be repaid by it.

Appears in 1 contract

Samples: Credit Agreement (Simon Property Group Inc /De/)

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Payment of Reimbursement Obligations. (i) The Borrower or the applicable Qualified Borrower ------------------------------------ unconditionally agrees to pay pay, or cause the Parent Guarantor or Subsidiary of the Parent Guarantor for whose account a Letter of Credit is issued to pay, to each Issuing Bank, in Dollars or Alternative Currency, as applicableDollars, the amount of all Reimbursement Obligations, interest and other amounts payable to such Issuing Bank under or in connection with the Letters of Credit and/or Alternative Currency Letter of Credit when such amounts are due and payable, irrespective of any claim, setoff, defense or other right which the Borrower may have at any time against any Issuing Bank or any other Person. (ii) In the event any payment by the Borrower Borrower, the Parent Guarantor or Subsidiary of the applicable Qualified Borrower Parent Guarantor received by an Issuing Bank with respect to a Letter of Credit and/or Alternative Currency Letter of Credit and distributed by the Administrative Agent to the Lenders on account of their participations is thereafter set aside, avoided or recovered from such Issuing Bank in connection with any receivership, liquidation or bankruptcy proceeding, each Lender which received such distribution shall, upon demand by such Issuing Bank, contribute such Lender’s 's Pro Rata Share of the amount set aside, avoided or recovered together with interest at the rate required to be paid by such Issuing Bank upon the amount required to be repaid by it.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (American Eco Corp)

Payment of Reimbursement Obligations. (i) The Borrower or the applicable Qualified Borrower unconditionally agrees to pay to each Issuing Bank, in Dollars or Alternative Currency, as applicable, the amount of all Reimbursement Obligations, interest and other amounts payable to such Issuing Bank under or in connection with the Letters of Credit and/or Alternative Currency Letter of Credit when such amounts are due and payable, irrespective of any claim, setoff, defense or other right which the Borrower may have at any time against any Issuing Bank or any other Person. (ii) In the event any payment by the Borrower or the applicable Qualified Borrower received by an Issuing Bank with respect to a Letter of Credit and/or Alternative Currency Letter of Credit and distributed by the Administrative Agent to the Lenders on account of their participations is thereafter set aside, avoided or recovered from such Issuing Bank in connection with any receivership, liquidation or bankruptcy proceeding, each Lender which received such distribution shall, upon demand by such Issuing Bank, contribute such Lender’s Pro Rata Share of the amount set aside, avoided or recovered together with interest at the rate required to be paid by such Issuing Bank upon the amount required to be repaid by it.

Appears in 1 contract

Samples: Credit Agreement (Simon Property Group L P /De/)

Payment of Reimbursement Obligations. (i) The Borrower or the applicable Qualified Borrower unconditionally agrees to pay to each Issuing Bank, in Dollars or Alternative Currency, as applicableDollars, the amount of all Reimbursement Obligations, interest and other amounts payable to such Issuing Bank under or in connection with the Letters of Credit and/or Alternative Currency Letter of Credit when such amounts are due and payable, irrespective of any claim, setoff, defense or other right which the Borrower may have at any time against any Issuing Bank or any other Person. (ii) In the event any payment by the Borrower or the applicable Qualified Borrower received by an Issuing Bank with respect to a Letter of Credit and/or Alternative Currency Letter of Credit and distributed by the Administrative Agent to the Revolving Credit Lenders on account of their participations is thereafter set aside, avoided or recovered from such Issuing Bank in connection with any receivership, liquidation or bankruptcy proceeding, each Revolving Credit Lender which received such distribution shall, upon demand by such Issuing Bank, contribute such Revolving Credit Lender’s applicable Pro Rata Share of the amount set aside, avoided or recovered together with interest at the rate required to be paid by such Issuing Bank upon the amount required to be repaid by it.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Washington Prime Group, L.P.)

Payment of Reimbursement Obligations. (i) The Each Borrower or the applicable Qualified Borrower ------------------------------------ unconditionally agrees to pay pay, or cause its Restricted Subsidiary for whose account a Letter of Credit is Issued to pay, to each Issuing Bank, in Dollars or in the applicable Alternative Currency, as applicable, the amount of all Reimbursement Obligations, interest and other amounts payable to such Issuing Bank under or in connection with the Letters of Credit and/or Alternative Currency Letter of Credit when such amounts are due and payable, irrespective of any claim, setoff, defense or other right which the such Borrower or such Subsidiary may have at any time against any Issuing Bank or any other Person. (ii) In the event any payment by the such Borrower or the applicable Qualified Borrower such Subsidiary received by an Issuing Bank with respect to a Letter of Credit and/or Alternative Currency Letter of Credit and distributed by the Administrative Agent to the Revolving Credit Lenders on account of their participations participation is thereafter set aside, avoided or recovered from such Issuing Bank in connection with any receivership, liquidation or bankruptcy proceeding, each such Lender which received such distribution shall, upon demand by such Issuing Bank, contribute such Lender’s 's Pro Rata Share of the amount set aside, avoided or recovered together with interest at the rate required to be paid by such Issuing Bank upon the amount required to be repaid by it.

Appears in 1 contract

Samples: Credit Agreement (International Technology Corp)

Payment of Reimbursement Obligations. (i) The Each Borrower or the applicable Qualified Borrower ------------------------------------ unconditionally agrees to pay pay, or cause its Restricted Subsidiary for whose account a Letter of Credit is Issued to pay, to each Issuing Bank, in Dollars or Alternative Currency, as applicableDollars, the amount of all Reimbursement Obligations, interest and other amounts payable to such Issuing Bank under or in connection with the Letters of Credit and/or Alternative Currency Letter of Credit when such amounts are due and payable, irrespective of any claim, setoff, defense or other right which the such Borrower or such Subsidiary may have at any time against any Issuing Bank or any other Person. (ii) In the event any payment by the such Borrower or the applicable Qualified Borrower such Subsidiary received by an Issuing Bank with respect to a Letter of Credit and/or Alternative Currency Letter of Credit and distributed by the Administrative Agent to the Revolving Credit Lenders on account of their participations participation is thereafter set aside, avoided or recovered from such Issuing Bank in connection with any receivership, liquidation or bankruptcy proceeding, each such Lender which received such distribution shall, upon demand by such Issuing Bank, contribute such Lender’s 's Pro Rata Share of the amount set aside, avoided or recovered together with interest at the rate required to be paid by such Issuing Bank upon the amount required to be repaid by it.

Appears in 1 contract

Samples: Credit Agreement (International Technology Corp)

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