Common use of Purchase of Risk Participations Clause in Contracts

Purchase of Risk Participations. Each Lender hereby agrees that it shall forthwith purchase, as of the Conversion Date (but adjusted for any payments received from a Borrower on or after such date and prior to such purchase), from the other Lenders such Participation Interests in the outstanding Loans, LOC Obligations and BA Obligations (whether or not such Loans, LOC Obligations and BA Obligations have been redenominated or converted pursuant to Section 11.3(a)) as shall be necessary to cause each such Lender to share in all Loans, LOC Obligations and BA Obligations ratably based upon its Commitment Percentage with respect to Participation Interests in all Loans, LOC Obligations and BA Obligations (determined before giving effect to any termination of the Commitments), provided that (1) all interest and fees payable on a Loan, LOC Obligation or BA Obligation shall be for the account of the Lender that originally extended such Loan or issued or participated in the related Letters of Credit or Bankers' Acceptances, as the case may be, until the date as of which the respective Participation Interest is purchased and (2) if any purchase of a Participation Interest required to be made pursuant to this sentence is not made on the Conversion Date, then at the time such purchase is actually made the purchasing Lender shall be required to pay to the selling Lender, to the extent not paid to such selling Lender by the applicable Borrower in accordance with the terms of this Credit Agreement, interest on the principal amount of the Participation Interest purchased for each day from and including the day upon which such purchase of the Participation Interest would otherwise have occurred to but excluding the date of actual payment for the purchase of such Participation Interest, at the rate equal to the Federal Funds Rate.

Appears in 2 contracts

Samples: Credit Agreement (Nacco Industries Inc), Credit Agreement (Wolverine Tube Inc)

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Purchase of Risk Participations. Each Revolving Credit Lender hereby agrees that it shall forthwith purchase, as of the Conversion Date (but adjusted for any payments received from a Borrower on or after such date and prior to such purchase), from the other Revolving Credit Lenders such Participation Interests in the outstanding Loans, LOC Obligations and BA Obligations Revolving Credit Loans (whether or not such Loans, LOC Obligations and BA Obligations Loans have been redenominated or converted pursuant to Section 11.3(asubsection 6.2(a)) as shall be necessary to cause each such Revolving Credit Lender to share in all Loans, LOC Obligations and BA Obligations Revolving Credit Loans ratably based upon its Commitment Percentage with respect to Participation Interests in all Loans, LOC Obligations and BA Obligations Revolving Credit Loans (determined before giving effect to any termination of the Commitments), provided that (1A) all interest and fees payable on a Loan, LOC Obligation or BA Obligation Revolving Credit Loan shall be for the account of the Revolving Credit Lender that originally extended made such Loan or issued or participated in the related Letters of Credit or Bankers' Acceptances, as the case may be, until the date as of which the respective Participation Interest is purchased and (2B) if any purchase of a Participation Interest required to be made pursuant to this sentence is not made on the Conversion Date, then at the time such purchase is actually made the purchasing Lender shall be required to pay to the selling Lender, to the extent not paid to such selling Lender by the applicable Borrower in accordance with the terms of this Credit Agreement, interest on the principal amount of the Participation Interest purchased for each day from and including the day upon which such purchase of the Participation Interest would otherwise have occurred to but excluding the date of actual payment for the purchase of such Participation Interest, at the rate equal to the Federal Funds RateEffective Rate (as defined in the definition of "ABR").

Appears in 2 contracts

Samples: Credit Agreement (Hercules Inc), Credit Agreement (Hercules Inc)

Purchase of Risk Participations. Each Lender hereby agrees that it shall forthwith purchase, as of the Conversion Date (but adjusted for any payments received from a Borrower on or after such date and prior to such purchase), from the other Lenders such Participation Interests in the outstanding Loans, LOC Obligations and BA Obligations hereunder (whether or not such Loans, LOC Obligations and BA Obligations have been redenominated or converted pursuant to Section 11.3(asubsection 9.3(a)) as shall be necessary to cause each such Lender to share in all Loans, LOC Obligations and BA such Obligations ratably based upon on its Commitment Percentage with respect to share of Obligations (including Participation Interests in all Loans, LOC Obligations and BA Obligations (determined before giving effect to any termination of the Commitmentstherein), provided that (1i) all interest and fees payable on a Loan, LOC Obligation or BA Obligation Obligations shall be for the account of the Lender that originally extended such Loan or issued or participated in the related Letters of Credit or Bankers' Acceptances, as the case may be, Obligation until the date as of which the respective Participation Interest is purchased funded, and (2ii) if any purchase of a Participation Interest required to be made pursuant to this sentence hereunder is not made on the Conversion Date, then at the time such purchase is actually made the purchasing Lender shall be required to pay to the selling Lender, to the extent not paid to such selling Lender by the applicable Borrower in accordance with the terms of this Credit Agreement, interest on the principal amount of the Participation Interest purchased for each day from and including the day upon which such purchase of the Participation Interest would otherwise have occurred to but excluding the date of the actual payment for the purchase of such Participation Interest, at the a rate equal to the Federal Funds Rate.

Appears in 1 contract

Samples: Credit Agreement (Railworks Corp)

Purchase of Risk Participations. Each Lender hereby agrees that it shall forthwith purchase, as of the Conversion Date (but adjusted for any payments received from a Borrower on or after such date and prior to such purchase), from the other Lenders such Participation Interests in the outstanding Loans, LOC Obligations and BA Obligations (whether or not such Loans, LOC Obligations and BA Obligations have been redenominated or converted pursuant to Section 11.3(a)) as shall be necessary to cause each such Lender to share in all Loans, LOC Obligations and BA Obligations ratably based upon its Commitment Percentage with respect to Participation Interests in all Loans, LOC Obligations and BA Obligations (determined before giving effect to any termination of the Commitments), provided that (1) all interest and fees payable on a Loan, LOC Obligation or BA Obligation shall be for the account of the Lender that originally extended such Loan or issued or participated in the related Letters of Credit or Bankers' Acceptances, as the case may be, until the date as of which the respective Participation Interest is purchased and (2) if any purchase of a Participation Interest required to be made pursuant to this sentence is not made on the Conversion Date, then at the time such purchase is actually made the purchasing Lender shall be required to pay to the selling Lender, to the extent not paid to such selling Lender by the applicable Borrower in accordance with the terms of this Credit Agreement, interest on the principal amount of the Participation Interest purchased for each day from and including the day 110 117 upon which such purchase of the Participation Interest would otherwise have occurred to but excluding the date of actual payment for the purchase of such Participation Interest, at the rate equal to the Federal Funds Rate.

Appears in 1 contract

Samples: Credit Agreement (Cott Corp /Cn/)

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Purchase of Risk Participations. Each Lender hereby agrees that it shall forthwith purchase, as of the Conversion Date (but adjusted for any payments received from a Borrower on or after such date and prior to such purchase), from the other Lenders such Participation Interests participation interests in the outstanding Loans, LOC Letter of Credit Obligations and BA Obligations (whether or not such Loans, LOC Letter of Credit Obligations and BA Obligations have been redenominated or converted pursuant to Section 11.3(a9.4(a)) as shall be necessary to cause each such Lender to share in all Loans, LOC Letter of Credit Obligations and BA Obligations ratably based upon its Commitment Percentage Pro Rata Share with respect to Participation Interests participation interests in all Loans, LOC Letter of Credit Obligations and BA Obligations (determined before giving effect to any termination of the Commitments), provided that that, (1i) all interest and fees payable on a Loan, LOC Obligation Letter of Credit Obligations or BA Obligation Obligations shall be for the account of the Lender that Lenders which originally extended such Loan or issued or participated in the related Letters of Credit or Bankers' Acceptances, as the case may be, until the date as of which the respective Participation Interest participation interest is purchased purchased, and (2ii) if any purchase of a Participation Interest participation interest required to be made pursuant to this sentence is not made on the Conversion Date, then at the time such purchase is actually made the purchasing Lender shall be required to pay to the selling Lender, to the extent not paid to such selling Lender by the applicable Borrower in accordance with the terms of this Credit Agreement, interest on the principal amount of the Participation Interest participation interest purchased for each day from and including the day upon which such purchase of the Participation Interest participation interest would otherwise have occurred to (but excluding excluding) the date of actual payment for the purchase of such Participation Interestparticipation interest, at the rate equal to the Federal Funds Rate.

Appears in 1 contract

Samples: Credit Agreement (Nacco Industries Inc)

Purchase of Risk Participations. Each Lender hereby agrees that it shall forthwith purchase, as of the Conversion Date (but adjusted for any payments received from a Borrower on or after such date and prior to such purchase), from the other Lenders - 108 - 115 such Participation Interests in the outstanding Loans, LOC Obligations and BA Obligations (whether or not such Loans, LOC Obligations and BA Obligations have been redenominated or converted pursuant to Section 11.3(asubsection 10.4(a)) as shall be necessary to cause each such Lender to share in all Loans, LOC Obligations and BA Obligations ratably based upon its Total Facility Commitment Percentage with respect to Participation Interests in all Loans, LOC Obligations and BA Obligations (determined before giving effect to any termination of the Commitments), provided that (1A) all interest and fees payable on a Loan, LOC Obligation or BA Obligation shall be for the account of the Lender that originally extended such Loan or issued or participated in the related Letters Extension of Credit or Bankers' Acceptances, as the case may be, until the date as of which the respective Participation Interest is purchased and (2B) if any purchase of a Participation Interest required to be made pursuant to this sentence is not made on the Conversion Date, then at the time such purchase is actually made the purchasing Lender shall be required to pay to the selling Lender, to the extent not paid to such selling Lender by the applicable Borrower in accordance with the terms of this Credit Agreement, interest on the principal amount of the Participation Interest purchased for each day from and including the day upon which such purchase of the Participation Interest would otherwise have occurred to but excluding the date of actual payment for the purchase of such Participation Interest, at the rate equal to the Federal Funds Rate.

Appears in 1 contract

Samples: Credit Agreement (Wesco International Inc)

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