Common use of Payment of Reimbursement Obligations Clause in Contracts

Payment of Reimbursement Obligations. (i) The Borrower unconditionally agrees to pay to each Issuing Bank, in Dollars, the amount of all Reimbursement Obligations, interest and other amounts payable to such Issuing Bank under or in connection with the related 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 Borrower may have at any time against any Issuing Bank or any other Person. (ii) In the event any payment by the Borrower received by an Issuing Bank with respect to a Letter of Credit and distributed by the 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 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 3 contracts

Samples: Credit Agreement (Foamex Capital Corp), Credit Agreement (Foamex Capital Corp), Credit Agreement (Foamex Capital Corp)

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Payment of Reimbursement Obligations. (i) The applicable Borrower unconditionally agrees to pay to each the applicable Issuing Bank, in Dollars, Bank the amount of all Reimbursement Obligations, interest and other amounts payable to such Issuing Bank under or in connection with the related each Letter of Credit Reimbursement Agreement and Issued by such Issuing Bank for the Letter account of Credit issued pursuant thereto 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 a Borrower received by an Issuing Bank with respect to a Letter of Credit and distributed by the Funding 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 to such Issuing Bank such Lender's Bank’s L/C Participation Pro Rata Share 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 2 contracts

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

Payment of Reimbursement Obligations. (i) The Each Borrower for whose account a Letter of Credit has been Issued unconditionally agrees to pay to each Issuing Bank, in Dollars, Bank the amount of all Reimbursement Obligations, interest and other amounts payable to such Issuing Bank under or in connection with the related 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 such Borrower may have at any time against any such Issuing Bank or any other Person. (ii) In the event any payment by the a Borrower received by an Issuing Bank with respect to a Letter of Credit Issued for the account of such Borrower and distributed by the Funding Administrative Agent to the Lenders under the applicable Credit Facility 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 to such Issuing Bank such Lender's Pro Rata Share under such Credit Facility 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 (Nacco Industries Inc), Credit Agreement (Hyster Overseas Capital Corp LLC)

Payment of Reimbursement Obligations. (i) The Each Borrower for whose account a Letter of Credit has been Issued unconditionally agrees to pay to each Issuing Bank, in Dollars, Bank the amount of all Reimbursement Obligations, interest and other amounts payable to such Issuing Bank under or in connection with the related 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 such Borrower may have at any time against any such Issuing Bank or any other Person. (ii) In the event any payment by the a Borrower received by an Issuing Bank with respect to a Letter of Credit Issued for the account of such Borrower and distributed by the Funding Administrative Agent to the Lenders under the applicable Credit Facility 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 to such Issuing Bank such Lender's ’s Pro Rata Share under such Credit Facility 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 (Nacco Industries Inc), Credit Agreement (NMHG Holding Co)

Payment of Reimbursement Obligations. (i) The Unless paid with a Loan advance hereunder, each Borrower unconditionally agrees agrees, on a joint and several basis, to pay to each Issuing Bank, in Dollars, the amount of all Reimbursement Obligations, interest and other amounts payable to such Issuing Bank under or in connection with the related Letter Letters 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 any Borrower may have at any time against any Issuing Bank or any other Person. (ii) In the event any payment by the any Borrower received by an Issuing Bank with respect to a Letter of Credit and distributed by the 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 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: Senior Unsecured Revolving Credit Agreement (Lexington Corporate Properties Trust), Unsecured Revolving Credit Agreement (Lexington Corporate Properties Trust)

Payment of Reimbursement Obligations. (i) The Borrower 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, the amount of all Reimbursement Obligations, interest and other amounts payable to such Issuing Bank under or in connection with the related Letter Letters 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 Borrower may have at any time against any Issuing Bank or any other Person. (ii) In the event any payment by the Borrower or such Subsidiary received by an Issuing Bank with respect to a Letter of Credit and distributed by the Funding Administrative Agent to the Revolving 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 such Lender which received such distribution shall, upon demand by such Issuing Bank, contribute to such Issuing Bank such Lender'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 (Rhi Holdings Inc)

Payment of Reimbursement Obligations. (i) The Borrower or the applicable Subsidiary unconditionally agrees to pay to each the Issuing Bank, in Dollars, the amount of all Reimbursement Obligations, interest and other reasonable amounts payable to such the Issuing Bank under or in connection with the related Letter Letters 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 Borrower or the applicable Subsidiary may have at any time against any the Issuing Bank or any other Person. (ii) In the event any payment by the Borrower or the applicable Subsidiary received by an the Issuing Bank with respect to a Letter of Credit and distributed by the Funding Administrative Agent to the Lenders on account of their participations participation is thereafter set aside, avoided or recovered from such the Issuing Bank in connection with any receivership, liquidation or bankruptcy proceeding, each such Lender which received such distribution shall, upon demand by such the 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 the Issuing Bank upon the amount required to be repaid by it.

Appears in 1 contract

Samples: Credit Agreement (Watson Pharmaceuticals Inc)

Payment of Reimbursement Obligations. (i) The Borrower 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, the amount of all Reimbursement Obligations, interest and other amounts payable to such Issuing Bank under or in connection with the related Letter Letters 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 Borrower may have at any time against any Issuing Bank or any other Person. (ii) In the event any payment by the Borrower or such Subsidiary received by an Issuing Bank with respect to a Letter of Credit and distributed by the 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 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 (Dyncorp)

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Payment of Reimbursement Obligations. (i) The Each Borrower for whose account a Letter of Credit has been Issued unconditionally agrees to pay to each Issuing Bank, in Dollars, Bank the amount of all Reimbursement Obligations, interest and other amounts payable to such Issuing Bank under or in connection with the related 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 such Borrower may have at any time against any such Issuing Bank or any other Person. (ii) In the event any payment by the a Borrower received by an Issuing Bank with respect to a Letter of Credit Issued for the account of such Borrower and distributed by the Funding Agent to the Lenders under the applicable Credit Facility on account of their participations participation is thereafter set aside, avoided or recovered from such Issuing Bank in connection with any receivership, liquidation liquida tion or bankruptcy proceeding, each such Lender which received such distribution shall, upon demand by such Issuing Bank, contribute to such Issuing Bank such Lender's Pro Rata Share under such Credit Facility 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 (Muehlstein Holding Corp)

Payment of Reimbursement Obligations. (i) The Borrower unconditionally agrees to pay to each Issuing Bank, in Dollars, the amount of all Reimbursement Obligations, interest and other amounts payable to such Issuing Bank under or in connection with the related Letter Letters 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 Borrower may have at any time against any Issuing Bank or any other Person. (ii) In the event any payment by the Borrower received by an Issuing Bank with respect to a Letter of Credit and distributed by the Funding 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 to such Issuing Bank 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 Borrowers, jointly and severally, unconditionally agree to pay, or cause Leasing Affiliate or the Subsidiary of a Borrower unconditionally agrees for whose account a Letter of Credit is issued, as applicable, to pay pay, to each Issuing Bank, in Dollars, the amount of all Reimbursement Obligations, interest and other amounts payable to such Issuing Bank under or in connection with the related Letter Letters 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 any Borrower, Leasing Affiliate, 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, Leasing Affiliate, or such Subsidiary received by an Issuing Bank with respect to a Letter of Credit and distributed by the Funding Agent to the Revolving 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 Lender which received such distribution shall, upon demand by such Issuing Bank, contribute to such Issuing Bank such Revolving Lender's Revolving Loan 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 1 contract

Samples: Credit Agreement (Aviation Sales Co)

Payment of Reimbursement Obligations. (i) The applicable Borrower unconditionally agrees to pay to each the applicable Issuing Bank, in Dollars, Bank the amount of all Reimbursement Obligations, interest and other amounts payable to such Issuing Bank under or in connection with the related each Letter of Credit Reimbursement Agreement and Issued by such Issuing Bank for the Letter ​ ​ account of Credit issued pursuant thereto 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 a Borrower received by an Issuing Bank with respect to a Letter of Credit and distributed by the Funding 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 Bank’s Applicable Percentage with respect to such Issuing Bank such Lender's Pro Rata Share 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 1 contract

Samples: Multicurrency Credit Agreement (Ecolab Inc.)

Payment of Reimbursement Obligations. (i) The applicable Borrower unconditionally agrees to pay to each the applicable Issuing Bank, in Dollars, Bank the amount of all Reimbursement Obligations, ​ ​ interest and other amounts payable to such Issuing Bank under or in connection with the related each Letter of Credit Reimbursement Agreement and Issued by such Issuing Bank for the Letter account of Credit issued pursuant thereto 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 a Borrower received by an Issuing Bank with respect to a Letter of Credit and distributed by the Funding 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 Bank’s Applicable Percentage with respect to such Issuing Bank such Lender's Pro Rata Share 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 1 contract

Samples: Multicurrency Credit Agreement (Ecolab Inc.)

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