Refund of Overpayments. With respect to each Letter for which the Agent, on account of the Lenders, or the Fronting Lender, as the case may be, has been paid all of the Lenders’ contingent liability pursuant to Section 9.1, 9.5 or 13.1 and provided that all amounts due by the Borrower to the Agent or the Fronting Lender, as the case may be, under Section 9.1, 9.5 or 13.1 have been paid, the Agent or the Fronting Lender, as the case may be, agrees to pay to the Borrower, upon the earlier of: (a) the date on which either the original counterpart of such Letter is returned to the Agent or the Fronting Lender, as the case may be, for cancellation or the Lenders are released by the beneficiary thereof from any further obligations in respect of such Letter; (b) the expiry of such Letter; and (c) the Lenders are permanently enjoined by a court of competent jurisdiction from honouring such Letter pursuant to a final Order; an amount equal to any excess of the amount received by the Agent, on account of the Lenders, or the Fronting Lender, as the case may be, hereunder in respect of its contingent liability under such Letter over the total of amounts applied to reimburse the Lenders for amounts paid by them under or in connection with such Letter (the Agent or the Fronting Lender, as the case may be, having the right to so appropriate such funds) together with interest thereon, at the rate applicable to short-term deposits, on amounts paid until applied or returned.
Appears in 3 contracts
Samples: Second Amending Agreement (Fortis Inc.), Credit Agreement (Fortis Inc.), Credit Agreement (Fortis Inc.)
Refund of Overpayments. With respect to each Letter for which the Agent, on account of the Lenders, or the Fronting Lender, as the case may be, Issuing Lender has been paid all of the Lenders’ its contingent liability pursuant to Section 9.19.2, 9.5 9.7 or 13.1 and provided that all amounts due by the Borrower to the Agent or the Fronting LenderIssuing Lender under Sections 9.2, as the case may be, under Section 9.1, 9.5 or 9.7 and 13.1 have been paid, the Agent or the Fronting Lender, as the case may be, Issuing Lender agrees to pay to the Borrower, upon the later of:
(a) if the Letter is subject to an Order, the date on which any final and non-appealable order, judgment or other determination has been rendered or issued either permanently enjoining the Issuing Lender from paying under such Letter or terminating any outstanding Order; and
(b) the earlier of:
(ai) the date on which either the original counterpart of such Letter is returned to the Agent or the Fronting Lender, as the case may be, Issuing Lender for cancellation or the Lenders are Issuing Lender is released by the beneficiary thereof from any further obligations in respect of such Letter;
(bii) the expiry of such Letter; and
(ciii) (where the Lenders are permanently enjoined by a court of competent jurisdiction from honouring contingent liability under such Letter pursuant to a final Orderis less than the face amount thereof), all amounts possibly payable under such Letter have been paid; an amount equal to any excess of the amount received by the Agent, on account of the Lenders, or the Fronting Lender, as the case may be, Issuing Lender hereunder in respect of its contingent liability under such Letter over the total of amounts applied to reimburse the Lenders Issuing Lender for amounts paid by them it under or in connection with such Letter (the Agent or the Fronting Lender, as the case may be, Issuing Lender having the right to so appropriate such funds) together with interest thereon, at the rate applicable to short-term deposits, on amounts paid until applied or returned).
Appears in 3 contracts
Samples: Credit Agreement (Silvercrest Mines Inc), Credit Agreement (Endeavour Silver Corp), Credit Agreement (Endeavour Silver Corp)
Refund of Overpayments. With respect to each Letter for which the Agent, on account of the Lenders, or the Fronting Lender, as the case may be, an Issuing Lender has been paid all of the Lenders’ its contingent liability pursuant to Section Sections 9.1, 9.5 9.6 or 13.1 and provided that all amounts due by the Borrower to the Agent or the Fronting Lender, as the case may be, such Issuing Lender under Section Sections 9.1, 9.5 9.6 or 13.1 have been paid, the Agent or the Fronting Lender, as the case may be, such Issuing Lender agrees to pay to the Borrower, upon the later of:
(a) if the Letter is subject to an Adverse Order, the date on which any final and non-appealable order, judgment or other determination has been rendered or issued either permanently enjoining such Issuing Lender from paying under such Letter or terminating any outstanding Adverse Order; and
(b) the earlier of:
(ai) the date on which either the original counterpart of such Letter is returned to the Agent or the Fronting Lender, as the case may be, such Issuing Lender for cancellation or the Lenders are such Issuing Lender is released by the beneficiary thereof from any further obligations in respect of such Letter;
(bii) the expiry of such Letter; and
(ciii) (where the Lenders are permanently enjoined by a court of competent jurisdiction from honouring contingent liability under such Letter pursuant to a final Orderis less than the face amount thereof), all amounts possibly payable under such Letter have been paid; an amount equal to any excess of the amount received by the Agent, on account of the Lenders, or the Fronting Lender, as the case may be, such Issuing Lender hereunder in respect of its contingent liability under such Letter over the total of amounts applied to reimburse the Lenders such Issuing Lender for amounts paid by them it under or in connection with such Letter (the Agent or the Fronting Lender, as the case may be, such Issuing Lender having the right to so appropriate such funds) together with interest thereon, at the rate applicable to short-term deposits, on amounts paid until applied or returned).
Appears in 2 contracts
Samples: Loan Agreement (New Gold Inc. /FI), Credit Agreement (New Gold Inc. /FI)
Refund of Overpayments. With respect to each Letter for which the Agent, on account of the Lenders, or the Fronting Lender, as the case may be, Issuing Lender has been paid all of the Lenders’ its contingent liability pursuant to Section 9.1, 9.5 9.7 or 13.1 and provided that all amounts due by the relevant Borrower to the Agent or the Fronting Lender, as the case may be, Issuing Lender under Section 9.1, 9.5 9.7 or 13.1 have been paid, the Agent or the Fronting Lender, as the case may be, Issuing Lender agrees to pay to the such Borrower, upon the later of:
(a) if the Letter is subject to an Order, the date on which any final and non-appealable order, judgment or other determination has been rendered or issued either permanently enjoining the Issuing Lender from paying under such Letter or terminating any outstanding Order; and
(b) the earlier of:
(ai) the date on which either the original counterpart of such Letter is returned to the Agent or the Fronting Lender, as the case may be, Issuing Lender for cancellation or the Lenders are Issuing Lender is released by the beneficiary thereof from any further obligations in respect of such Letter;
(bii) the expiry of such Letter; and
(ciii) (where the Lenders are permanently enjoined by a court of competent jurisdiction from honouring contingent liability under such Letter pursuant to a final Orderis less than the face amount thereof), all amounts possibly payable under such Letter have been paid; an amount equal to any excess of the amount received by the Agent, on account of the Lenders, or the Fronting Lender, as the case may be, Issuing Lender hereunder in respect of its contingent liability under such Letter over the total of amounts applied to reimburse the Lenders Issuing Lender for amounts paid by them it under or in connection with such Letter (the Agent or the Fronting Lender, as the case may be, Issuing Lender having the right to so appropriate such funds) together with interest thereon, at the rate applicable to short-term deposits, on amounts paid until applied or returned).
Appears in 2 contracts
Samples: Loan Agreement (Lundin Mining CORP), Loan Agreement (4352351 Canada Inc.)
Refund of Overpayments. With respect to each Letter for which the Agent, on account of the Lenders, or the Fronting Lender, as the case may be, Issuing Lender has been paid all of the Lenders’ its contingent liability pursuant to Section 9.1, 9.5 9.6 or Section 13.1 and provided that all amounts due by the Borrower Borrowers to the Agent or the Fronting Lender, as the case may be, Issuing Lender under Section 9.1, 9.5 or 9.6 and Section 13.1 have been paid, the Agent or the Fronting Lender, as the case may be, Issuing Lender agrees to pay to the BorrowerBorrowers, upon the later of
(a) if the Letter is subject to an Order, the date on which any final and non-appealable order, judgment or other determination has been rendered or issued either permanently enjoining the Issuing Lender from paying under such Letter or terminating any outstanding Order; and
(b) the earlier of:
(ai) the date on which either the original counterpart of such Letter is returned to the Agent or the Fronting Lender, as the case may be, Issuing Lender for cancellation or the Lenders are Issuing Lender is released by the beneficiary thereof from any further obligations in respect of such Letter;
(bii) the expiry of such Letter; and
(ciii) (where the Lenders are permanently enjoined by a court of competent jurisdiction from honouring contingent liability under such Letter pursuant to a final Orderis less than the face amount thereof), all amounts possibly payable under such Letter have been paid; an amount equal to any excess of the amount received by the Agent, on account of the Lenders, or the Fronting Lender, as the case may be, Issuing Lender hereunder in respect of its contingent liability under such Letter over the total of amounts applied to reimburse the Lenders Issuing Lender for amounts paid by them it under or in connection with such Letter (the Agent or the Fronting Lender, as the case may be, Issuing Lender having the right to so appropriate such funds) together with interest thereon, at the rate applicable to short-term deposits, on amounts paid until applied or returned).
Appears in 2 contracts
Samples: Credit Agreement (Kinross Gold Corp), Credit Agreement (Kinross Gold Corp)
Refund of Overpayments. With respect to each Letter for which the Agent, on account of the Lenders, or the Fronting Lender, as the case may be, Issuing Lender has been paid all of the Lenders’ its contingent liability pursuant to Section 9.1, 9.5 9.7 or 13.1 and provided that all amounts due by the Borrower to the Agent or the Fronting Lender, as the case may be, Issuing Lender under Section Sections 9.1, 9.5 or 9.7 and 13.1 have been paid, the Agent or the Fronting Lender, as the case may be, Issuing Lender agrees to pay to the relevant Borrower, upon the later of:
(a) if the Letter is subject to an Order, the date on which any final and non-appealable order, judgment or other determination has been rendered or issued either permanently enjoining the Issuing Lender from paying under such Letter or terminating any outstanding Order; and
(b) the earlier of:
(ai) the date on which either the original counterpart of such Letter is returned to the Agent or the Fronting Lender, as the case may be, Issuing Lender for cancellation or the Lenders are Issuing Lender is released by the beneficiary thereof from any further obligations in respect of such Letter;
(bii) the expiry of such Letter; and
(ciii) (where the Lenders are permanently enjoined by a court of competent jurisdiction from honouring contingent liability under such Letter pursuant to a final Orderis less than the face amount thereof), all amounts possibly payable under such Letter have been paid; an amount equal to any excess of the amount received by the Agent, on account of the Lenders, or the Fronting Lender, as the case may be, Issuing Lender hereunder in respect of its contingent liability under such Letter over the total of amounts applied to reimburse the Lenders Issuing Lender for amounts paid by them it under or in connection with such Letter (the Agent or the Fronting Lender, as the case may be, Issuing Lender having the right to so appropriate such funds) together with interest thereon, at the rate applicable to short-term deposits, on amounts paid until applied or returned).
Appears in 1 contract
Refund of Overpayments. With respect to each Letter for which the Agent, on account of the Lenders, or the Fronting Lender, as the case may be, Issuing Lender has been paid all of the Lenders’ its contingent liability pursuant to Section 9.1, 9.5 9.4 or 13.1 and provided that all amounts due by the Borrower to the Agent or the Fronting Lender, as the case may be, Issuing Lender under Section 9.1, 9.5 9.4 or 13.1 have been paid, the Agent or the Fronting Lender, as the case may be, Issuing Lender agrees to pay to the Borrower, upon the later of:
(a) if the Letter is subject to an Order, the date on which any final and non-appealable order, judgment or other determination has been rendered or issued either permanently enjoining the Issuing Lender from paying under such Letter or terminating any outstanding Order; and
(b) the earlier of:
(ai) the date on which either the original counterpart of such Letter is returned to the Agent or the Fronting Lender, as the case may be, Issuing Lender for cancellation or the Lenders are Issuing Lender is released by the beneficiary thereof from any further obligations in respect of such Letter;
(bii) the expiry of such Letter; and
(ciii) (where the Lenders are permanently enjoined by a court of competent jurisdiction from honouring contingent liability under such Letter pursuant to a final Orderis less than the face amount thereof), all amounts possibly payable under such Letter have been paid; an amount equal to any excess of the amount received by the Agent, on account of the Lenders, or the Fronting Lender, as the case may be, Issuing Lender hereunder in respect of its contingent liability under such Letter over the total of amounts applied to reimburse the Lenders Issuing Lender for amounts paid by them it under or in connection with such Letter (the Agent or the Fronting Lender, as the case may be, Issuing Lender having the right to so appropriate such funds) together with interest thereon, at the rate applicable to short-term deposits, on amounts paid until applied or returned).
Appears in 1 contract
Refund of Overpayments. With respect to each Letter for which the Agent, on account of the Lenders, or the Fronting Lender, as the case may be, Issuing Lender has been paid all of the Lenders’ its contingent liability pursuant to Section 9.19.01, 9.5 9.07 or 13.1 Section 13.01 and provided that all amounts due by the Borrower Borrowers to the Agent or the Fronting Lender, as the case may be, Issuing Lender under Section 9.19.01, 9.5 or 13.1 9.07 and Section 13.01 have been paid, the Agent or the Fronting Lender, as the case may be, Issuing Lender agrees to pay to the BorrowerBorrowers, upon the later of
(a) if the Letter is subject to an Order, the date on which any final and non-appealable order, judgment or other determination has been rendered or issued either permanently enjoining the Issuing Lender from paying under such Letter or terminating any outstanding Order; and
(b) the earlier of:
(ai) the date on which either the original counterpart of such Letter is returned to the Agent or the Fronting Lender, as the case may be, Issuing Lender for cancellation or the Lenders are Issuing Lender is released by the beneficiary thereof from any further obligations in respect of such Letter;
(bii) the expiry of such Letter; and
(ciii) (where the Lenders are permanently enjoined by a court of competent jurisdiction from honouring contingent liability under such Letter pursuant to a final Orderis less than the face amount thereof), all amounts possibly payable under such Letter have been paid; an amount equal to any excess of the amount received by the Agent, on account of the Lenders, or the Fronting Lender, as the case may be, Issuing Lender hereunder in respect of its contingent liability under such Letter over the total of amounts applied to reimburse the Lenders Issuing Lender for amounts paid by them it under or in connection with such Letter (the Agent or the Fronting Lender, as the case may be, Issuing Lender having the right to so appropriate such funds) together with interest thereon, at the rate applicable to short-term deposits, on amounts paid until applied or returned).
Appears in 1 contract
Samples: Credit Agreement (Kinam Gold Inc)
Refund of Overpayments. With respect to each Letter for which the Agent, on account of the Lenders, or the Fronting Lender, as the case may be, Issuing Lender has been paid all of the Lenders’ its contingent liability pursuant to Section 9.19.2 , 9.5 9.8 or 13.1 and provided that all amounts due by the Borrower to the Agent or the Fronting LenderIssuing Lender under Sections 9.2, as the case may be, under Section 9.1, 9.5 or 9.8 and 13.1 have been paid, the Agent or the Fronting Lender, as the case may be, Issuing Lender agrees to pay to the Borrower, upon the later of:
(a) if the Letter is subject to an Order, the date on which any final and non-appealable order, judgment or other determination has been rendered or issued either permanently enjoining the Issuing Lender from paying under such Letter or terminating any outstanding Order; and
(b) the earlier of:
(ai) the date on which either the original counterpart of such Letter is returned to the Agent or the Fronting Lender, as the case may be, Issuing Lender for cancellation or the Lenders are Issuing Lender is released by the beneficiary thereof from any further obligations in respect of such Letter;
(bii) the expiry of such Letter; and
(ciii) (where the Lenders are permanently enjoined by a court of competent jurisdiction from honouring contingent liability under such Letter pursuant to a final Orderis less than the face amount thereof), all amounts possibly payable under such Letter have been paid; an amount equal to any excess of the amount received by the Agent, on account of the Lenders, or the Fronting Lender, as the case may be, Issuing Lender hereunder in respect of its contingent liability under such Letter over the total of amounts applied to reimburse the Lenders Issuing Lender for amounts paid by them it under or in connection with such Letter (the Agent or the Fronting Lender, as the case may be, Issuing Lender having the right to so appropriate such funds) together with interest thereon, at the rate applicable to short-term deposits, on amounts paid until applied or returned).
Appears in 1 contract
Samples: Credit Agreement (Orla Mining Ltd.)
Refund of Overpayments. With respect to each Letter for which the Agent, on account of the Lenders, or the Fronting Lender, as the case may be, Issuing Lender has been paid all of the Lenders’ its contingent liability pursuant to Section 9.1, 9.5 Article 9 or 13.1 Article 13 and provided that all amounts due by the Borrower to the Agent Issuing Lender under Article 9 or the Fronting Lender, as the case may be, under Section 9.1, 9.5 or 13.1 Article 13 have been paid, the Agent or the Fronting Lender, as the case may be, Issuing Lender agrees to pay to the Borrower, upon the later of:
(a) if the Letter is subject to an Order, the date on which any final and non-appealable order, judgment or other determination has been rendered or issued either permanently enjoining the Issuing Lender from paying under such Letter or terminating any outstanding Order; and
(b) the earlier of:
(ai) the date on which either the original counterpart of such Letter is returned to the Agent or the Fronting Lender, as the case may be, Issuing Lender for cancellation or the Lenders are Issuing Lender is released by the beneficiary thereof from any further obligations in respect of such Letter;
(bii) the expiry of such Letter; and
(ciii) (where the Lenders are permanently enjoined by a court of competent jurisdiction from honouring contingent liability under such Letter pursuant to a final Orderis less than the face amount thereof), all amounts possibly payable under such Letter have been paid; an amount equal to any excess of the amount received by the Agent, on account of the Lenders, or the Fronting Lender, as the case may be, Issuing Lender hereunder in respect of its contingent liability under such Letter over the total of amounts applied to reimburse the Lenders Issuing Lender for amounts paid by them it under or in connection with such Letter (the Agent or the Fronting Lender, as the case may be, Issuing Lender having the right to so appropriate such funds) together with interest thereon, at the rate applicable to short-term deposits, on amounts paid until applied or returned).
Appears in 1 contract
Samples: Loan Agreement (CI Financial Corp.)
Refund of Overpayments. With respect to each Letter for which the Agent, on account of the Lenders, or the Fronting Lender, as the case may be, Issuing Lender has been paid all of the Lenders’ its contingent liability pursuant to Section 9.1, 9.5 Article 9 or 13.1 Article 13 and provided that all amounts due by the Borrower to the Agent Issuing Lender under Article 9 or the Fronting Lender, as the case may be, under Section 9.1, 9.5 or 13.1 Article 13 have been paid, the Agent or the Fronting Lender, as the case may be, Issuing Lxxxxx agrees to pay to the Borrower, upon the later of:
(a) if the Letter is subject to an Order, the date on which any final and non-appealable order, judgment or other determination has been rendered or issued either permanently enjoining the Issuing Lender from paying under such Letter or terminating any outstanding Order; and
(b) the earlier of:
(ai) the date on which either the original counterpart of such Letter is returned to the Agent or the Fronting Lender, as the case may be, Issuing Lender for cancellation or the Lenders are Issuing Lender is released by the beneficiary thereof from any further obligations in respect of such Letter;
(bii) the expiry of such Letter; and
(ciii) (where the Lenders are permanently enjoined by a court of competent jurisdiction from honouring contingent liability under such Letter pursuant to a final Orderis less than the face amount thereof), all amounts possibly payable under such Letter have been paid; an amount equal to any excess of the amount received by the Agent, on account of the Lenders, or the Fronting Lender, as the case may be, Issuing Lender hereunder in respect of its contingent liability under such Letter over the total of amounts applied to reimburse the Lenders Issuing Lender for amounts paid by them it under or in connection with such Letter (the Agent or the Fronting Lender, as the case may be, Issuing Lender having the right to so appropriate such funds) together with interest thereon, at the rate applicable to short-term deposits, on amounts paid until applied or returned).
Appears in 1 contract
Refund of Overpayments. With respect to each Letter for which the Agent, on account of the Lenders, or the Fronting Lender, as the case may be, an Issuing Lender has been paid all of the Lenders’ its contingent liability pursuant to Section Sections 9.1, 9.5 9.6 or 13.1 and provided that all amounts due by the Borrower to the Agent or the Fronting Lender, as the case may be, such Issuing Lender under Section Sections 9.1, 9.5 9.6 or 13.1 have been paid, the Agent or the Fronting Lender, as the case may be, such Issuing Lender agrees to pay to the Borrower, upon the later of:
(a) if the Letter is subject to an Adverse Order, the date on which any final and non- appealable order, judgment or other determination has been rendered or issued either permanently enjoining such Issuing Lender from paying under such Letter or terminating any outstanding Adverse Order; and
(b) the earlier of:
(ai) the date on which either the original counterpart of such Letter is returned to the Agent or the Fronting Lender, as the case may be, such Issuing Lender for cancellation or the Lenders are such Issuing Lender is released by the beneficiary thereof from any further obligations in respect of such Letter;
(bii) the expiry of such Letter; and
(ciii) (where the Lenders are permanently enjoined by a court of competent jurisdiction from honouring contingent liability under such Letter pursuant to a final Orderis less than the face amount thereof), all amounts possibly payable under such Letter have been paid; an amount equal to any excess of the amount received by the Agent, on account of the Lenders, or the Fronting Lender, as the case may be, such Issuing Lender hereunder in respect of its contingent liability under such Letter over the total of amounts applied to reimburse the Lenders such Issuing Lender for amounts paid by them it under or in connection with such Letter (the Agent or the Fronting Lender, as the case may be, such Issuing Lender having the right to so appropriate such funds) together with interest thereon, at the rate applicable to short-term deposits, on amounts paid until applied or returned).
Appears in 1 contract
Samples: Credit Agreement (New Gold Inc. /FI)
Refund of Overpayments. With respect to each Letter for which the Agent, on account of the Lenders, or the Fronting Lender, as the case may be, an Issuing Lender has been paid all of the Lenders’ its contingent liability pursuant to Section Sections 9.1, 9.5 9.6 or 13.1 and provided that all amounts due by the Borrower Borrowers to the Agent or the Fronting Lender, as the case may be, such Issuing Lender under Section Sections 9.1, 9.5 9.6 or 13.1 have been paid, the Agent or the Fronting Lender, as the case may be, such Issuing Lender agrees to pay to the BorrowerBorrowers, upon the later of:
(a) if the Letter is subject to an Adverse Order, the date on which any final and non-appealable order, judgment or other determination has been rendered or issued either permanently enjoining such Issuing Lender from paying under such Letter or terminating any outstanding Adverse Order; and
(b) the earlier of:
(ai) the date on which either the original counterpart of such Letter is returned to the Agent or the Fronting Lender, as the case may be, such Issuing Lender for cancellation or the Lenders are such Issuing Lender is released by the beneficiary thereof from any further obligations in respect of such Letter;
(bii) the expiry of such Letter; and
(ciii) (where the Lenders are permanently enjoined by a court of competent jurisdiction from honouring contingent liability under such Letter pursuant to a final Orderis less than the face amount thereof), all amounts possibly payable under such Letter have been paid; an amount equal to any excess of the amount received by the Agent, on account of the Lenders, or the Fronting Lender, as the case may be, such Issuing Lender hereunder in respect of its contingent liability under such Letter over the total of amounts applied to reimburse the Lenders such Issuing Lender for amounts paid by them it under or in connection with such Letter (the Agent or the Fronting Lender, as the case may be, such Issuing Lender having the right to so appropriate such funds) together with interest thereon, at the rate applicable to short-term deposits, on amounts paid until applied or returned).
Appears in 1 contract
Samples: Credit Agreement (New Gold Inc. /FI)
Refund of Overpayments. With respect to each Letter for which the Agent, on account of the Lenders, or the Fronting Lender, as the case may be, Issuing Lender has been paid all of the Lenders’ its contingent liability pursuant to Section 9.19.2 , 9.5 9.8 or 13.1 and provided that all amounts due by the Borrower to the Agent or the Fronting LenderIssuing Lender under Sections 9.2, as the case may be, under Section 9.1, 9.5 or 9.8 and 13.1 have been paid, the Agent or the Fronting Lender, as the case may be, Issuing Xxxxxx agrees to pay to the Borrower, upon the later of:
(a) if the Letter is subject to an Order, the date on which any final and non-appealable order, judgment or other determination has been rendered or issued either permanently enjoining the Issuing Lender from paying under such Letter or terminating any outstanding Order; and
(b) the earlier of:
(ai) the date on which either the original counterpart of such Letter is returned to the Agent or the Fronting Lender, as the case may be, Issuing Lender for cancellation or the Lenders are Issuing Lender is released by the beneficiary thereof from any further obligations in respect of such Letter;
(bii) the expiry of such Letter; and
(ciii) (where the Lenders are permanently enjoined by a court of competent jurisdiction from honouring contingent liability under such Letter pursuant to a final Orderis less than the face amount thereof), all amounts possibly payable under such Letter have been paid; an amount equal to any excess of the amount received by the Agent, on account of the Lenders, or the Fronting Lender, as the case may be, Issuing Lender hereunder in respect of its contingent liability under such Letter over the total of amounts applied to reimburse the Lenders Issuing Lender for amounts paid by them it under or in connection with such Letter (the Agent or the Fronting Lender, as the case may be, Issuing Lender having the right to so appropriate such funds) together with interest thereon, at the rate applicable to short-term deposits, on amounts paid until applied or returned).
Appears in 1 contract
Refund of Overpayments. With respect to each Letter for which the Agent, on account of the Lenders, or the Fronting Lender, as the case may be, has been paid all of the Lenders’ contingent liability pursuant to Section 9.1, 9.5 9.4 or 13.1 and provided that all amounts due by the Borrower to the Agent or the Fronting Lender, as the case may be, under Section 9.1, 9.5 9.4 or 13.1 have been paid, the Agent or the Fronting Lender, as the case may be, agrees to pay to the Borrower, upon the earlier of:
(a) the date on which either the original counterpart of such Letter is returned to the Agent or the Fronting Lender, as the case may be, for cancellation or the Lenders are released by the beneficiary thereof from any further obligations in respect of such Letter;
(b) the expiry of such Letter; and
(c) the Lenders are permanently enjoined by a court of competent jurisdiction from honouring such Letter pursuant to a final Order; an amount equal to any excess of the amount received by the Agent, on account of the Lenders, or the Fronting Lender, as the case may be, hereunder in respect of its contingent liability under such Letter over the total of amounts applied to reimburse the Lenders for amounts paid by them under or in connection with such Letter (the Agent or the Fronting Lender, as the case may be, having the right to so appropriate such funds) together with interest thereon, at the rate applicable to short-term deposits, on amounts paid until applied or returned.
Appears in 1 contract
Samples: Credit Agreement (Fortis Inc.)