Common use of Reimbursement by Borrower of Amounts Paid Under Synthetic Letters of Credit Clause in Contracts

Reimbursement by Borrower of Amounts Paid Under Synthetic Letters of Credit. In the event a Synthetic Letter of Credit Issuing Lender has determined to honor a drawing under a Synthetic Letter of Credit issued by it, such Synthetic Letter of Credit Issuing Lender shall immediately notify Borrower and Administrative Agent, and Borrower shall reimburse such Synthetic Letter of Credit Issuing Lender on or before the Business Day immediately following the date on which such drawing is honored (the "Synthetic Letter of Credit Reimbursement Date") in an amount in Dollars and in same day funds equal to the amount of such payment; provided that, anything contained in this Agreement to the contrary notwithstanding, (a) unless Borrower shall have notified Administrative Agent and such Synthetic Letter of Credit Issuing Lender prior to 10:00 A.M. (New York City time) on the date such drawing is honored that Borrower intends to reimburse such Synthetic Letter of Credit Issuing Lender for the amount of such payment with funds other than the proceeds of Synthetic Letter of Credit Loans, Borrower shall be deemed to have given a timely Notice of Borrowing to Administrative Agent requesting Synthetic Letter of Credit Lenders to make Synthetic Letter of Credit Loans that are Base Rate Loans on the Synthetic Letter of Credit Reimbursement Date in an amount in Dollars equal to the amount of such payment and (b) subject to satisfaction or waiver of the conditions specified in subsection 4.3B, Synthetic Letter of Credit Lenders shall, on the Synthetic Letter of Credit Reimbursement Date, make Synthetic Letter of Credit Loans that are Base Rate Loans in the amount of such payment, the proceeds of which shall be applied directly by Administrative Agent to reimburse such Synthetic Letter of Credit Issuing Lender for the amount of such payment; provided further, that each Synthetic Letter of Credit Lender hereby irrevocably authorizes the Administrative Agent to fund such Synthetic Letter of Credit Lender’s Synthetic Letter of Credit Loans by withdrawing an amount equal to the amount of each of such Synthetic Letter of Credit Lender’s Synthetic Letter of Credit Loans from such Synthetic Letter of Credit Lender’s Credit-Linked Deposit; and provided further, that if for any reason proceeds of Synthetic Letter of Credit Loans are not received by such Synthetic Letter of Credit Issuing Lender on the Synthetic Letter of Credit Reimbursement Date in an amount equal to the amount of such payment, Borrower shall reimburse such Synthetic Letter of Credit Issuing Lender, on demand, in an amount in same day funds equal to the excess of the amount of such payment over the aggregate amount of such Synthetic Letter of Credit Loans, if any, which are so received. Nothing in this subsection 3.3B(iii) shall be deemed to relieve any Synthetic Letter of Credit Lender from its obligation to make Synthetic Letter of Credit Loans on the terms and conditions set forth in this Agreement, and Borrower shall retain any and all rights it may have against any Synthetic Letter of Credit Lender resulting from the failure of such Synthetic Letter of Credit Lender to make such Synthetic Letter of Credit Loans under this subsection 3.3B.". M. Subsection 3.3C(i) of the Credit Agreement is hereby amended by inserting at the end thereof the following new subsection 3.3C(i)(c):

Reimbursement by Borrower of Amounts Paid Under Synthetic Letters of Credit. In the event a Synthetic Letter of Credit Issuing Lender has determined to honor a drawing under a Synthetic Letter of Credit issued by it, such Synthetic Letter of Credit Issuing Lender shall immediately notify Borrower and Administrative Agent, and Borrower shall reimburse such Synthetic Letter of Credit Issuing Lender on or before the Business Day immediately following the date on which such drawing is honored (the "Synthetic Letter of Credit Reimbursement DateSYNTHETIC LETTER OF CREDIT REIMBURSEMENT DATE") in an amount in Dollars and in same day funds equal to the amount of such payment; provided that, anything contained in this Agreement to the contrary notwithstanding, (a) unless Borrower shall have notified Administrative Agent and such Synthetic Letter of Credit Issuing Lender prior to 10:00 A.M. (New York City time) on the date such drawing is honored that Borrower intends to reimburse such Synthetic Letter of Credit Issuing Lender for the amount of such payment with funds other than the proceeds of Synthetic Letter of Credit Loans, Borrower shall be deemed to have given a timely Notice of Borrowing to Administrative Agent requesting Synthetic Letter of Credit Lenders to make Synthetic Letter of Credit Loans that are Base Rate Loans on the Synthetic Letter of Credit Reimbursement Date in an amount in Dollars equal to the amount of such payment and (b) subject to satisfaction or waiver of the conditions specified in subsection 4.3B, Synthetic Letter of Credit Lenders shall, on the Synthetic Letter of Credit Reimbursement Date, make Synthetic Letter of Credit Loans that are Base Rate Loans in the amount of such payment, the proceeds of which shall be applied directly by Administrative Agent to reimburse such Synthetic Letter of Credit Issuing Lender for the amount of such payment; provided further, that each Synthetic Letter of Credit Lender hereby irrevocably authorizes the Administrative Agent to fund such Synthetic Letter of Credit Lender’s 's Synthetic Letter of Credit Loans by withdrawing an amount equal to the amount of each of such Synthetic Letter of Credit Lender’s 's Synthetic Letter of Credit Loans from such Synthetic Letter of Credit Lender’s 's Credit-Linked Deposit; and provided further, that if for any reason proceeds of Synthetic Letter of Credit Loans are not received by such Synthetic Letter of Credit Issuing Lender on the Synthetic Letter of Credit Reimbursement Date in an amount equal to the amount of such payment, Borrower shall reimburse such Synthetic Letter of Credit Issuing Lender, on demand, in an amount in same day funds equal to the excess of the amount of such payment over the aggregate amount of such Synthetic Letter of Credit Loans, if any, which are so received. Nothing in this subsection 3.3B(iii) shall be deemed to relieve any Synthetic Letter of Credit Lender from its obligation to make Synthetic Letter of Credit Loans on the terms and conditions set forth in this Agreement, and Borrower shall retain any and all rights it may have against any Synthetic Letter of Credit Lender resulting from the failure of such Synthetic Letter of Credit Lender to make such Synthetic Letter of Credit Loans under this subsection 3.3B.". M. Subsection 3.3C(i) of the Credit Agreement is hereby amended by inserting at the end thereof the following new subsection 3.3C(i)(c):

Reimbursement by Borrower of Amounts Paid Under Synthetic Letters of Credit. In the event a Synthetic Letter of Credit Issuing Lender has determined to honor a drawing under a Synthetic Letter of Credit issued by it, such Synthetic Letter of Credit Issuing Lender shall immediately notify Borrower and Administrative Agent, and Borrower shall reimburse such Synthetic Letter of Credit Issuing Lender on or before the Business Day immediately following the date on which such drawing is honored (the "Synthetic Letter of Credit Reimbursement Date") in an amount in Dollars and in same day funds equal to the amount of such payment; provided that, anything contained in this Agreement to the contrary notwithstanding, (a) unless Borrower shall have notified Administrative Agent and such Synthetic Letter of Credit Issuing Lender prior to 10:00 A.M. (New York City time) on the date such drawing is honored that Borrower intends to reimburse such Synthetic Letter of Credit Issuing Lender for the amount of such payment with funds other than the proceeds of Synthetic Letter of Credit Loans, Borrower shall be deemed to have given a timely Notice of Borrowing to Administrative Agent requesting Synthetic Letter of Credit Lenders to make Synthetic Letter of Credit Loans that are Base Rate Loans on the Synthetic Letter of Credit Reimbursement Date in an amount in Dollars equal to the amount of such payment and (b) subject to satisfaction or waiver of the conditions specified in subsection 4.3B4.2B, Synthetic Letter of Credit Lenders shall, on the Synthetic Letter of Credit Reimbursement Date, make Synthetic Letter of Credit Loans that are Base Rate Loans in the amount of such payment, the proceeds of which shall be applied directly by Administrative Agent to reimburse such Synthetic Letter of Credit Issuing Lender for the amount of such payment; provided further, that each Synthetic Letter of Credit Lender hereby irrevocably authorizes the Administrative Agent to fund such Synthetic Letter of Credit Lender’s Synthetic Letter of Credit Loans by withdrawing an amount equal to the amount of each of such Synthetic Letter of Credit Lender’s Synthetic Letter of Credit Loans from such Synthetic Letter of Credit Lender’s Credit-Linked Deposit; and provided further, that if for any reason proceeds of Synthetic Letter of Credit Loans are not received by such Synthetic Letter of Credit Issuing Lender on the Synthetic Letter of Credit Reimbursement Date in an amount equal to the amount of such payment, Borrower shall reimburse such Synthetic Letter of Credit Issuing Lender, on demand, in an amount in same day funds equal to the excess of the amount of such payment over the aggregate amount of such Synthetic Letter of Credit Loans, if any, which are so received. Nothing in this subsection 3.3B(iii) shall be deemed to relieve any Synthetic Letter of Credit Lender from its obligation to make Synthetic Letter of Credit Loans on the terms and conditions set forth in this Agreement, and Borrower shall retain any and all rights it may have against any Synthetic Letter of Credit Lender resulting from the failure of such Synthetic Letter of Credit Lender to make such Synthetic Letter of Credit Loans under this subsection 3.3B.". M. Subsection 3.3C(i) of the Credit Agreement is hereby amended by inserting at the end thereof the following new subsection 3.3C(i)(c):

Reimbursement by Borrower of Amounts Paid Under Synthetic Letters of Credit. In the event a Synthetic Letter of Credit Issuing Lender has determined to honor a drawing under a Synthetic Letter of Credit issued by it, such Synthetic Letter of Credit Issuing Lender shall immediately notify Borrower and Administrative Agent, and Borrower shall reimburse such Synthetic Letter of Credit Issuing Lender on or before the Business Day immediately following the date on which such drawing is honored (the "“Synthetic Letter of Credit Reimbursement Date"”) in an amount in Dollars and in same day funds equal to the amount of such payment; provided that, anything contained in this Agreement to the contrary notwithstanding, (a) unless Borrower shall have notified Administrative Agent and such Synthetic Letter of Credit Issuing Lender prior to 10:00 A.M. (New York City time) on the date such drawing is honored that Borrower intends to reimburse such Synthetic Letter of Credit Issuing Lender for the amount of such payment with funds other than the proceeds of Synthetic Letter of Credit Loans, Borrower shall be deemed to have given a timely Notice of Borrowing to Administrative Agent requesting Synthetic Letter of Credit Lenders to make Synthetic Letter of Credit Loans that are Base Rate Loans on the Synthetic Letter of Credit Reimbursement Date in an amount in Dollars equal to the amount of such payment and (b) subject to satisfaction or waiver of the conditions specified in subsection 4.3B4.2B, Synthetic Letter of Credit Lenders shall, on the Synthetic Letter of Credit Reimbursement Date, make Synthetic Letter of Credit Loans that are Base Rate Loans in the amount of such payment, the proceeds of which shall be applied directly by Administrative Agent to reimburse such Synthetic Letter of Credit Issuing Lender for the amount of such payment; provided further, that each Synthetic Letter of Credit Lender hereby irrevocably authorizes the Administrative Agent to fund such Synthetic Letter of Credit Lender’s Synthetic Letter of Credit Loans by withdrawing an amount equal to the amount of each of such Synthetic Letter of Credit Lender’s Synthetic Letter of Credit Loans from such Synthetic Letter of Credit Lender’s Credit-Linked Deposit; and provided further, that if for any reason proceeds of Synthetic Letter of Credit Loans are not received by such Synthetic Letter of Credit Issuing Lender on the Synthetic Letter of Credit Reimbursement Date in an amount equal to the amount of such payment, Borrower shall reimburse such Synthetic Letter of Credit Issuing Lender, on demand, in an amount in same day funds equal to the excess of the amount of such payment over the aggregate amount of such Synthetic Letter of Credit Loans, if any, which are so received. Nothing in this subsection 3.3B(iii3.3B(ii) shall be deemed to relieve any Synthetic Letter of Credit Lender from its obligation to make Synthetic Letter of Credit Loans on the terms and conditions set forth in this Agreement, and Borrower shall retain any and all rights it may have against any Synthetic Letter of Credit Lender resulting from the failure of such Synthetic Letter of Credit Lender to make such Synthetic Letter of Credit Loans under this subsection 3.3B.". M. Subsection 3.3C(i) of the Credit Agreement is hereby amended by inserting at the end thereof the following new subsection 3.3C(i)(c):