Common use of Payments by Lenders Clause in Contracts

Payments by Lenders. Each Lender (other than the Issuing Bank) shall pay to Agent for the account of the Issuing Bank in Dollars and in immediately available funds, such Lender's Pro Rata Share of any payment under a Letter of Credit upon notice by Agent to such Lender requesting such payment and specifying such amount as provided in Section 2.15.4. Each such Lender's obligation to make such payments to Agent for the account of the Issuing Bank under this Section 2.15.5, and the Issuing Bank's right to receive the same, shall be absolute and unconditional and shall not be affected by any circumstance whatsoever, including the failure of any other Lender to make its payment under this Section 2.15.5, the financial condition of Borrower, the existence of any Unmatured Default or Event of Default or the termination of the Commitments. Each such payment to the Issuing Bank shall be made without any offset, abatement, withholding or reduction whatsoever, EVEN IN THE PRESENCE OF ORDINARY NEGLIGENCE ON THE PART OF THE ISSUING BANK; provided, nothing contained in the foregoing shall limit the Issuing Bank's liability for its gross negligence or willful misconduct in improperly honoring a draft drawn under a Letter of Credit.

Appears in 2 contracts

Samples: Loan Agreement (Physicians Resource Group Inc), Loan Agreement (Physicians Resource Group Inc)

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Payments by Lenders. Each Lender (other than the Issuing Bank) shall pay to Agent for the account of the Issuing Bank in Dollars and in immediately available funds, such Lender's Pro Rata Share of any payment under a Letter of Credit upon notice by Agent to such Lender requesting such payment and specifying such amount as provided in Section 2.15.42.16.4. Each such Lender's obligation to make such payments to Agent for the account of the Issuing Bank under this Section 2.15.52.16.5, and the Issuing Bank's right to receive the same, shall be absolute and unconditional and shall not be affected by any circumstance whatsoever, including the failure of any other Lender to make its payment under this Section 2.15.52.16.5, the financial condition of BorrowerBorrowers, the existence of any Unmatured Default or Event of Default or the termination of the Revolving Credit Commitments. Each such payment to the Issuing Bank shall be made without any offset, abatement, withholding or reduction whatsoever, EVEN IN THE PRESENCE OF ORDINARY NEGLIGENCE ON THE PART OF THE ISSUING BANK; provided, nothing contained in the foregoing shall limit the Issuing Bank's liability for its gross negligence or willful misconduct in improperly honoring a draft drawn under a Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Response Oncology Inc)

Payments by Lenders. Each Lender (other than the Issuing BankAdministrative Agent) shall pay to the Administrative Agent for the account of the Issuing Bank in Dollars and in immediately available funds, such Lender's ’s Pro Rata Share of any payment under a Letter of Credit not reimbursed by Borrowers upon notice by the Administrative Agent to such Lender requesting such payment and specifying such amount as provided in Section 2.15.42.16.4. Each such Lender's ’s obligation to make such payments to the Administrative Agent for the account of the Issuing Bank under this Section 2.15.52.16.5, and the Issuing Bank's Administrative Agent’s right to receive the same, shall be absolute and unconditional and shall not be affected by any circumstance whatsoever, including the failure of any other Lender to make its payment under this Section 2.15.52.16.5, the financial condition of BorrowerBorrowers, the existence of any Unmatured Default or Event of Default or the termination of the Revolving Credit Commitments. Each such payment to the Issuing Bank Administrative Agent shall be made without any offset, abatement, withholding or reduction whatsoever, EVEN IN THE PRESENCE OF ORDINARY NEGLIGENCE ON THE PART OF THE ISSUING BANK; provided, nothing contained in the foregoing shall limit the Issuing Bank's Administrative Agent’s liability for its gross negligence or willful misconduct in improperly honoring a draft drawn under a Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Protective Life Corp)

Payments by Lenders. Each Lender (other than the Issuing Bank) shall pay to Agent for the account of the Issuing Bank in Dollars and in immediately available funds, such Lender's Pro Rata Share of any payment under a Letter of Credit upon notice by Agent to such Lender requesting such payment and specifying such amount as provided in Section 2.15.4. Each such Lender's obligation to make such payments to Agent for the account of the Issuing Bank under this Section 2.15.5, and the Issuing Bank's right to receive the same, shall be absolute and unconditional and shall not be affected by any circumstance whatsoever, including the failure of any other Lender to make its payment under this Section 2.15.5, the financial condition of BorrowerBorrowers, the existence of any Unmatured Default or Event of Default or the termination of the Revolving Credit Commitments. Each such payment to the Issuing Bank shall be made without any offset, abatement, withholding or reduction whatsoever, EVEN IN THE PRESENCE OF ORDINARY NEGLIGENCE ON THE PART OF THE ISSUING BANK; provided, nothing contained in the foregoing shall limit the Issuing Bank's liability for its gross negligence or willful misconduct in improperly honoring a draft drawn under a Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Books a Million Inc)

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Payments by Lenders. Each Lender (other than the Issuing Bank) shall pay to Agent for the account of the Issuing Bank in Dollars and in immediately available funds, such Lender's ’s Pro Rata Share of any payment under a Letter of Credit upon notice by Agent to such Lender requesting such payment and specifying such amount as provided in Section 2.15.42.17.4. Each such Lender's ’s obligation to make such payments to Agent for the account of the Issuing Bank under this Section 2.15.52.17.5, and the Issuing Bank's ’s right to receive the same, shall be absolute and unconditional and shall not be affected by any circumstance whatsoever, including the failure of any other Lender to make its payment under this Section 2.15.52.17.5, the financial condition of BorrowerBorrowers, the existence of any Unmatured Default or Event of Default or the termination of the Revolving Credit Commitments. Each such payment to the Issuing Bank shall be made without any offset, abatement, withholding or reduction whatsoever, EVEN IN THE PRESENCE OF ORDINARY NEGLIGENCE ON THE PART OF THE ISSUING BANK; provided, nothing contained in the foregoing shall limit the Issuing Bank's ’s liability for its gross negligence or willful misconduct in improperly honoring a draft drawn under a Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Alfa Corp)

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