Common use of Refunding Clause in Contracts

Refunding. (i) Swingline Loans shall be refunded by the Lenders in the applicable Permitted Currency on demand by the Swingline Lender with notice to the Administrative Agent. Such refundings shall be made by the Lenders in accordance with their respective Commitment Percentages and shall thereafter be reflected as Revolving Credit Loans of the Lenders on the books and records of the Administrative Agent (which Revolving Credit Loans shall bear interest based upon (A) the Canadian Prime Rate with respect to any Swingline Loan denominated in Canadian Dollars and (B) the Base Rate with respect to any Swingline Loan denominated in Dollars). Each Lender shall fund its respective Commitment Percentage of Revolving Credit Loans as required to repay Swingline Loans outstanding to the Swingline Lender upon demand by the Swingline Lender but in no event later than 1:00 p.m. on the next succeeding Business Day after such demand is made. No Lender’s obligation to fund its respective Commitment Percentage of a Swingline Loan shall be affected by any other Lender’s failure to fund its Commitment Percentage of a Swingline Loan, nor shall any Lender’s Commitment Percentage be increased as a result of any such failure of any other Lender to fund its Commitment Percentage of a Swingline Loan.

Appears in 4 contracts

Samples: Fourth Amendment (Bowater Inc), Seventh Amendment (Bowater Inc), Fourth Amendment (AbitibiBowater Inc.)

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Refunding. (i) Swingline Loans shall be refunded by the Lenders in the applicable Permitted Currency on demand by the Swingline Lender with notice to the Administrative Agent. Such refundings shall be made by the Lenders in accordance with their respective Commitment Percentages and shall thereafter be reflected as Revolving Credit Loans of the Lenders on the books and records of the Administrative Agent (which Revolving Credit Loans shall bear interest based upon (A) the Canadian Prime Rate with respect to any Swingline Loan denominated in Canadian Dollars and (B) the Base Rate with respect to any Swingline Loan denominated in Dollars). Each Lender shall fund its respective Commitment Percentage of Revolving Credit Loans as required to repay Swingline Loans outstanding to the Swingline Lender upon demand by the Swingline Lender but in no event later than 1:00 p.m. on the next succeeding Business Day after such demand is made. No Lender’s 's obligation to fund its respective Commitment Percentage of a Swingline Loan shall be affected by any other Lender’s 's failure to fund its Commitment Percentage of a Swingline Loan, nor shall any Lender’s 's Commitment Percentage be increased as a result of any such failure of any other Lender to fund its Commitment Percentage of a Swingline Loan.

Appears in 2 contracts

Samples: Third Amendment and Waiver (AbitibiBowater Inc.), Seventh Amendment (AbitibiBowater Inc.)

Refunding. (i) Swingline Loans shall be refunded reimbursed fully by the Lenders in the applicable Permitted Currency on demand by the Swingline Lender with notice to the Administrative AgentLender. Such refundings reimbursements shall be made by the Lenders in accordance with their respective Commitment Percentages and shall thereafter be reflected as Revolving Credit Working Capital Loans of the Lenders on the books and records of the Administrative Agent (which Revolving Credit Loans Agent; provided that no Lender shall bear interest based upon (A) the Canadian Prime Rate with respect be required to reimburse any Swingline Loan denominated in Canadian Dollars and (B) if, after giving effect to such reimbursement, the Base Rate with respect to any Swingline Loan denominated in Dollars)aggregate principal amount of such Lender’s Working Capital Loans outstanding would exceed such Lender’s Working Capital Commitment. Each Lender shall fund its respective Commitment Percentage of Revolving Credit Working Capital Loans as required to repay Swingline Loans outstanding to the Swingline Lender upon demand by the Swingline Lender but in no event later than 1:00 2:00 p.m. (Charlotte time) on the next succeeding Business Day after such demand is made. No Lender’s obligation to fund its respective Commitment Percentage of a Swingline Loan shall be affected by any other Lender’s failure to fund its Commitment Percentage of a Swingline Loan, nor shall any Lender’s Commitment Percentage be increased as a result of any such failure of any other Lender to fund its Commitment Percentage of a Swingline Loan.

Appears in 2 contracts

Samples: Credit Agreement (Inergy L P), Credit Agreement (Inergy L P)

Refunding. (i) Swingline Loans shall be refunded reimbursed fully by the Lenders in the applicable Permitted Currency on demand by the Swingline Lender with notice to the Administrative AgentLender. Such refundings reimbursements shall be made by the Lenders in accordance with their respective Commitment Percentages and shall thereafter be reflected as Revolving Credit Working Capital Loans of the Lenders on the books and records of the Administrative Agent (which Revolving Credit Loans Agent; provided that no Lender shall bear interest based upon (A) the Canadian Prime Rate with respect be required to reimburse any Swingline Loan denominated in Canadian Dollars and (B) if, after giving effect to such reimbursement, the Base Rate with respect to any Swingline Loan denominated in Dollars)aggregate principal amount of such Lender's Working Capital Loans outstanding would exceed such Lender's Working Capital Commitment. Each Lender shall fund its respective Commitment Percentage of Revolving Credit Working Capital Loans as required to repay Swingline Loans outstanding to the Swingline Lender upon demand by the Swingline Lender but in no event later than 1:00 2:00 p.m. (Charlotte time) on the next succeeding Business Day after such demand is made. No Lender’s 's obligation to fund its respective Commitment Percentage of a Swingline Loan shall be affected by any other Lender’s 's failure to fund its Commitment Percentage of a Swingline Loan, nor shall any Lender’s 's Commitment Percentage be increased as a result of any such failure of any other Lender to fund its Commitment Percentage of a Swingline Loan.

Appears in 2 contracts

Samples: Credit Agreement (Inergy L P), Credit Agreement (Inergy L P)

Refunding. (i) Upon the occurrence and during the existence of an Event of Default, Swingline Loans shall be refunded by the Lenders in the applicable Permitted Currency on demand by the Swingline Lender with notice to the Administrative AgentLender. Such refundings shall be made by the Lenders in accordance with their respective Commitment Percentages and shall thereafter be reflected as Revolving Credit Loans of the Lenders on the books and records of the Administrative Agent (which Revolving Credit Loans shall bear interest based upon (A) the Canadian Prime Rate with respect to any Swingline Loan denominated in Canadian Dollars and (B) the Base Rate with respect to any Swingline Loan denominated in Dollars)Agent. Each Lender shall fund its respective Commitment Percentage of Revolving Credit Loans as required to repay Swingline Loans outstanding to the Swingline Lender upon demand by the Swingline Lender upon the occurrence and during the existence of an Event of Default, but in no event later than 1:00 2:00 p.m. on the next succeeding Business Day after such demand is made. No Lender’s 's obligation to fund its respective Commitment Percentage of a Swingline Loan shall be affected by any other Lender’s 's failure to fund its Commitment Percentage of a Swingline Loan, nor shall any Lender’s 's Commitment Percentage be increased as a result of any such failure of any other Lender to fund its Commitment Percentage of a Swingline Loan.

Appears in 1 contract

Samples: Credit Agreement (Performance Food Group Co)

Refunding. (ia) Swingline If and to the extent Swing Line Loans are not repaid by the Borrower pursuant to Section 2.10.2 above, Swing Line Loans shall be refunded by the Lenders in the applicable Permitted Currency on demand by the Swingline Lender with notice to the Administrative AgentSwing Line Lender. Such refundings shall be made by the Lenders in accordance with their respective Commitment Percentages and shall thereafter be reflected as Revolving Credit Loans of the Lenders on the books and records of the Administrative Agent (which Revolving Credit Loans shall bear interest based upon (A) the Canadian Prime Rate with respect to any Swingline Loan denominated in Canadian Dollars and (B) the Base Rate with respect to any Swingline Loan denominated in Dollars)Agent. Each Lender shall fund its respective Commitment Percentage of Revolving Credit Loans as required to repay Swingline Swing Line Loans outstanding to the Swingline Swing Line Lender upon such demand by the Swingline Swing Line Lender but in no event later than 1:00 2:00 p.m. (Cleveland time) on the next succeeding Business Day after such demand is made. No Lender’s 's obligation to fund its respective Commitment Percentage of a Swingline Swing Line Loan shall be affected by any other Lender’s 's failure to fund its Commitment Percentage of a Swingline Swing Line Loan, nor shall any Lender’s 's Commitment Percentage be increased as a result of any such failure of any other Lender to fund its Commitment Percentage of a Swingline LoanPercentage.

Appears in 1 contract

Samples: Credit Agreement (TAL International Group, Inc.)

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Refunding. (i) Swingline Loans shall be refunded by the Lenders in the applicable Permitted Currency on demand by the Swingline Lender with notice to the Administrative Agent, only (A) in the event that the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any amount requested or deemed requested) exceeds the lesser of (1) Swingline Commitment and (2) the Borrowing Limit or (B) upon the occurrence and during the continuance of an Event of Default. Such refundings shall be made by the Lenders in accordance with their respective Commitment Percentages and shall thereafter be reflected as Revolving Credit Loans of the Lenders on the books and records of the Administrative Agent (which Revolving Credit Loans shall bear interest based upon (A1) the Canadian Prime Rate with respect to any Swingline Loan denominated in Canadian Dollars and (B2) the Base Rate with respect to any Swingline Loan denominated in Dollars). Each Lender shall fund its respective Commitment Percentage of Revolving Credit Loans as required to repay Swingline Loans outstanding to the Swingline Lender upon any such demand by the Swingline Lender but in no event later than 1:00 p.m. on the next succeeding Business Day after such demand is made. No Lender’s obligation to fund its respective Commitment Percentage of a Swingline Loan shall be affected by any other Lender’s failure to fund its Commitment Percentage of a Swingline Loan, nor shall any Lender’s Commitment Percentage be increased as a result of any such failure of any other Lender to fund its Commitment Percentage of a Swingline Loan.

Appears in 1 contract

Samples: Credit Agreement (Bowater Inc)

Refunding. (i) Swingline Loans shall be refunded by the Lenders in the applicable Permitted Currency on demand by the Swingline Lender with notice to the Administrative Agent, only (A) in the event that the aggregate principal amount of all outstanding Swingline Loans (after giving effect to any amount requested or deemed requested) exceeds the lesser of (1) Swingline Commitment and (2) the Borrowing Limit or (B) upon the occurrence and during the continuance of an Event of Default. Such refundings shall be made by the Lenders in accordance with their respective Commitment Percentages and shall thereafter be reflected as Revolving Credit Loans of the Lenders on the books and records of the Administrative Agent (which Revolving Credit Loans shall bear interest based upon (A1) the Canadian Prime Rate with respect to any Swingline Loan denominated in Canadian Dollars and (B2) the Base Rate with respect to any Swingline Loan denominated in Dollars). Each Lender shall fund its respective Commitment Percentage of Revolving Credit Loans as required to repay Swingline Loans outstanding to the Swingline Lender upon any such demand by the Swingline Lender but in no event later than 1:00 p.m. on the next succeeding Business Day after such demand is made. No Lender’s 's obligation to fund its respective Commitment Percentage of a Swingline Loan shall be affected by any other Lender’s 's failure to fund its Commitment Percentage of a Swingline Loan, nor shall any Lender’s 's Commitment Percentage be increased as a result of any such failure of any other Lender to fund its Commitment Percentage of a Swingline Loan.

Appears in 1 contract

Samples: Credit Agreement (AbitibiBowater Inc.)

Refunding. (i) Swingline Loans (except with respect to any Swingline Loan extended after the occurrence and during the continuance of an Event of Default of which the Administrative Agent has received actual notice and which such Event of Default has not been waived by the Required Lenders or the Lenders, as applicable) shall be refunded by the Lenders in the applicable Permitted Currency on demand by the Swingline Lender with notice to the Administrative AgentLender. Such refundings shall be made by the Lenders in accordance with their respective Commitment Percentages and shall thereafter be reflected as Revolving Credit Loans of the Lenders on the books and records of the Administrative Agent (which Revolving Credit Loans shall bear interest based upon (A) the Canadian Prime Rate with respect to any Swingline Loan denominated in Canadian Dollars and (B) the Base Rate with respect to any Swingline Loan denominated in Dollars)Agent. Each Lender shall fund its respective Commitment Percentage of Revolving Credit Loans as required to repay Swingline Loans outstanding to the Swingline Lender upon demand by the Swingline Lender but in no event later than 1:00 2:00 p.m. (Charlotte time) on the next succeeding Business Day after such demand is made. No Lender’s 's obligation to fund its respective Commitment Percentage of a Swingline Loan shall be affected by any other Lender’s 's failure to fund its Commitment Percentage of a Swingline Loan, nor shall any Lender’s 's Commitment Percentage be increased as a result of any such failure of any other Lender to fund its Commitment Percentage of a Swingline LoanPercentage.

Appears in 1 contract

Samples: Credit Agreement (Cca Prison Realty Trust)

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