Common use of Reimbursement by Borrower Clause in Contracts

Reimbursement by Borrower. The Borrower shall be irrevocably and unconditionally obligated to reimburse each Issuer through the Administrative Agent on or before the applicable Letter of Credit Payment Date for any amount to be paid by such Issuer upon any drawing under any Letter of Credit, without presentment, demand, protest or other formalities of any kind; provided that the Borrower shall not be precluded from asserting any claim for direct (but not consequential) damages suffered by the Borrower which the Borrower proves were caused by (a) the willful misconduct or gross negligence of such Issuer in determining whether a request presented under any Letter of Credit complied with the terms of such Letter of Credit or (b) such Issuer’s failure to pay under any Letter of Credit after the presentation to it of a request strictly complying with the terms and conditions of such Letter of Credit. All such amounts paid by an Issuer and remaining unpaid by the Borrower shall bear interest, payable on demand, for each day until paid at a rate per annum equal to the sum of 1% plus the rate applicable to Floating Rate Advances. The Administrative Agent will pay to each Lender ratably in accordance with its pro rata share all amounts received by it from the Borrower for application in payment, in whole or in part, of the Reimbursement Obligation in respect of any Letter of Credit, but only to the extent such Lender made payment to the applicable Issuer in respect of such Letter of Credit pursuant to Section 2.17(e).

Reimbursement by Borrower. The Borrower shall be irrevocably and unconditionally obligated to reimburse each the Issuer through the Administrative Agent on or before the applicable Letter of Credit Payment Date for any amount to be paid by such the Issuer upon any drawing under any Letter of Credit, without presentment, demand, protest or other formalities of any kind; provided that the Borrower shall not be precluded from asserting any claim for direct (but not consequential) damages suffered by the Borrower which to the Borrower proves were extent, but only to the extent, caused by (ai) the willful misconduct or gross negligence of such the Issuer in determining whether a request presented under any Letter of Credit complied with the terms of such Letter of Credit or (bii) such the Issuer’s 's failure to pay under any Letter of Credit after the presentation to it of a request strictly complying with the terms and conditions of such Letter of Credit. All such amounts paid by an the Issuer and remaining unpaid by the Borrower shall bear interest, payable on demand, for each day until paid at a rate per annum equal to the sum of 12% plus the rate applicable to Floating Rate Advances. The Administrative Agent Issuer will pay to each Lender ratably in accordance with its pro rata share Pro Rata Share all amounts received by it from the Borrower for application in payment, in whole or in part, of the Reimbursement Obligation in respect of any Letter of CreditCredit issued by the Issuer, but only to the extent such Lender made payment to the applicable Issuer in respect of such Letter of Credit pursuant to Section 2.17(e2.19(e).

Reimbursement by Borrower. The Borrower shall be irrevocably and unconditionally obligated to reimburse each Issuer through the Administrative Agent on or before the applicable Letter of Credit Payment Date for any amount to be paid by such Issuer upon any drawing under any Letter of Credit, without presentment, demand, protest or other formalities of any kind; provided that the Borrower shall not be precluded from asserting any claim for direct (but not consequential) damages suffered by the Borrower which the Borrower proves were caused by (ai) the willful misconduct or gross negligence of such Issuer in determining whether a request presented under any Letter of Credit complied with the terms of such Letter of Credit or (bii) such Issuer’s failure to pay under any Letter of Credit after the presentation to it of a request strictly complying with the terms and conditions of such Letter of Credit. All such amounts paid by an Issuer and remaining unpaid by the Borrower shall bear interest, payable on demand, for each day until paid at a rate per annum equal to the sum of 12% plus the rate applicable to Floating Rate Advances. The Administrative Agent will pay to each Lender ratably in accordance with its pro rata share Pro Rata Share all amounts received by it from the Borrower for application in payment, in whole or in part, of the Reimbursement Obligation in respect of any Letter of Credit, but only to the extent such Lender made payment to the applicable Issuer in respect of such Letter of Credit pursuant to Section 2.17(e2.19(e).

Reimbursement by Borrower. The Borrower shall be irrevocably and unconditionally obligated to reimburse each Issuer through the Administrative Agent on or before the applicable Letter of Credit Payment Date for any amount to be paid by such Issuer upon any drawing under any Letter of Credit, without presentment, demand, protest or other formalities of any kind; provided that the Borrower shall not be precluded from asserting any claim for direct (but not consequential) damages suffered by the Borrower which the Borrower proves were caused by (a) the willful misconduct or gross negligence of such Issuer in determining whether a request presented under any Letter of Credit complied with the terms of such Letter of Credit or (b) such Issuer’s failure to pay under any Letter of Credit after the presentation to it of a request strictly complying with the terms and conditions of such Letter of Credit. All such amounts paid by an Issuer and remaining unpaid by the Borrower shall bear interest, payable on demand, for each day until paid at a rate per annum equal to the sum of 11.5% plus the rate applicable to Floating Rate Advances. The Administrative Agent will pay to each Lender ratably in accordance with its pro rata share all amounts received by it from the Borrower for application in payment, in whole or in part, of the Reimbursement Obligation in respect of any Letter of Credit, but only to the extent such Lender made payment to the applicable Issuer in respect of such Letter of Credit pursuant to Section 2.17(e2.17(d).

Reimbursement by Borrower. The Borrower shall be irrevocably and unconditionally obligated to reimburse each the Issuer through the Administrative Agent on or before the applicable Letter of Credit Payment Date for any amount to be paid by such the Issuer upon any drawing under any Letter of CreditCredit issued by the Issuer, without presentment, demand, protest or other formalities of any kind; provided that the Borrower shall not hereby be precluded from asserting any claim for direct (but not consequential) damages suffered by the Borrower which to the Borrower proves were extent, but only to the extent, caused by (ai) the willful misconduct or gross negligence of such the Issuer in determining whether a request presented under any Letter of Credit issued by it complied with the terms of such Letter of Credit or (bii) such the Issuer’s 's failure to pay under any Letter of Credit issued by it after the presentation to it of a request strictly complying with the terms and conditions of such Letter of Credit. All such amounts paid by an the Issuer and remaining unpaid by the Borrower shall bear interest, payable on demand, for each day until paid at a rate per annum equal to the sum of 12% plus the rate applicable to Floating Rate Advances. The Administrative Agent Issuer will pay to each Lender ratably in accordance with its pro rata share of the Aggregate Commitment all amounts received by it from the Borrower for application in payment, in whole or in part, of the Reimbursement Obligation in respect of any Letter of CreditCredit issued by the Issuer, but only to the extent such Lender has made payment to the applicable Issuer in respect of such Letter of Credit pursuant to Section 2.17(e2.20(v).

Reimbursement by Borrower. The Borrower shall be irrevocably and unconditionally obligated to reimburse each Issuer through the Administrative Agent on or before the applicable Letter of Credit Payment Date for any amount to be paid by such Issuer upon any drawing under any Letter of Credit, without presentment, demand, protest or other formalities of any kind; provided that the Borrower shall not be precluded from asserting any claim for direct (but not consequential) damages suffered by the Borrower which the Borrower proves were caused by (ai) the willful misconduct or gross negligence of such Issuer in determining whether a request presented under any Letter of Credit complied with the terms of such Letter of Credit or (bii) such Issuer’s 's failure to pay under any Letter of Credit after the presentation to it of a request strictly complying with the terms and conditions of such Letter of Credit. All such amounts paid by an Issuer and remaining unpaid by the Borrower shall bear interest, payable on demand, for each day until paid at a rate per annum equal to the sum of 12% plus the rate applicable to Floating Rate Advances. The Administrative Agent will pay to each Lender ratably in accordance with its pro rata share Pro Rata Share all amounts received by it from the Borrower for application in payment, in whole or in part, of the Reimbursement Obligation in respect of any Letter of Credit, but only to the extent such Lender made payment to the applicable Issuer in respect of such Letter of Credit pursuant to Section 2.17(e2.19(e).

Reimbursement by Borrower. The Borrower shall be irrevocably and unconditionally obligated to reimburse each the Issuer through the Administrative Agent on or before the applicable Letter of Credit Payment Date for any amount to be paid by such the Issuer upon any drawing under any Letter of Credit, without presentment, demand, protest or other formalities of any kind; provided that the Borrower shall not be precluded from asserting any claim for direct (but not consequential) damages suffered by the Borrower which to the Borrower proves were extent, but only to the extent, caused by (a) the willful misconduct or gross negligence of such the Issuer in determining whether a request presented under any Letter of Credit complied with the terms of such Letter of Credit or (b) such the Issuer’s 's failure to pay under any Letter of Credit after the presentation to it of a request strictly complying with the terms and conditions of such Letter of Credit. All such amounts paid by an the Issuer and remaining unpaid by the Borrower shall bear interest, payable on demand, for each day until paid at a rate per annum equal to the sum of 12% plus the rate applicable to Floating Rate Advances. The Administrative Agent Issuer will pay to each Lender ratably in accordance with its pro rata share Pro Rata Share all amounts received by it from the Borrower for application in payment, in whole or in part, of the Reimbursement Obligation in respect of any Letter of CreditCredit issued by the Issuer, but only to the extent such Lender made payment to the applicable Issuer in respect of such Letter of Credit pursuant to Section 2.17(e2.19(e).

Reimbursement by Borrower. The Borrower shall be irrevocably and unconditionally obligated to reimburse each LC Issuer through the Administrative Agent on or before the applicable Letter of Credit LC Payment Date for any amount amounts to be paid by such LC Issuer upon any drawing under any Letter of Credit, without presentment, demand, protest or other formalities of any kind; provided provided, however, that the neither Borrower nor any Lender shall not hereby be precluded from asserting any claim for direct (but not consequential) damages suffered by Borrower or such Lender to the Borrower which extent, but only to the Borrower proves were extent, caused by (ai) the willful misconduct or gross negligence of such LC Issuer in determining whether a request presented under any Letter of Credit issued by it complied with the terms of such Letter of Credit or (bii) such LC Issuer’s failure to pay under any Letter of Credit issued by it after the presentation to it of a request strictly complying with the terms and conditions of such Letter of Credit. All such amounts paid by an LC Issuer and remaining unpaid by the Borrower shall bear interest, payable on demand, for each day until paid at a rate per annum equal to the sum of 1% plus the rate applicable to Floating Rate Advances. The Administrative Agent will pay to each Lender ratably in accordance with its pro rata share Revolving Credit Commitment Percentage all amounts received by it from the Borrower for application in payment, in whole or in part, of the Reimbursement Obligation reimbursement obligation in respect of any Letter of CreditCredit issued by LC Issuer, but only to the extent such Lender has made payment to the applicable LC Issuer in respect of such Letter of Credit pursuant to Section 2.17(e2.3.5. Subject to the terms and conditions of this Agreement (including the submission of an Advance Request and the satisfaction of the applicable conditions precedent set forth in Section 5.2), Borrower may request a Revolving Loan hereunder for the purpose of satisfying any reimbursement obligation.

Reimbursement by Borrower. The Borrower shall be irrevocably and unconditionally obligated to reimburse each Issuer through the Administrative Agent Lender on or before the applicable date upon which any advance is made under a Letter of Credit (“LC Payment Date for any amount to be paid by such Issuer upon any drawing under any Letter of CreditDate”), without presentment, demand, protest or other formalities of any kind; provided that neither the Borrower nor the Lender shall not hereby be precluded from asserting any claim for direct (but not consequential) damages suffered by the Borrower which or the Borrower proves were Lender to the extent, but only to the extent, caused by (ai) the willful misconduct or gross negligence of such Issuer the Lender in determining whether a request presented under any Letter of Credit Facility LC issued by it complied with the terms of such Letter of Credit Facility LC or (bii) such Issuer’s the Lender's failure to pay under any Letter of Credit Facility LC issued by it after the presentation to it of a request strictly complying with the terms and conditions of such Letter of CreditFacility LC. All such amounts paid by an Issuer the Lender and remaining unpaid by the Borrower shall bear interest, payable on demand, for each day until paid at a rate per annum equal to the sum of 1% plus (a) the rate applicable to Floating Rate Advancesaccruing under the Line Note, plus 2% until paid. The Administrative Agent will pay to each Lender ratably in accordance with its pro rata share all amounts received by it from Borrower may request an Advance hereunder for the Borrower for application in payment, in whole or in part, purpose of the satisfying any Reimbursement Obligation in respect of any Letter of Credit, but only to the extent such Lender made payment to the applicable Issuer in respect of such Letter of Credit pursuant to Section 2.17(e)Obligation.

Reimbursement by Borrower. The Borrower shall be irrevocably and unconditionally obligated to reimburse each the LC Issuer through the Administrative Agent on or before the applicable Letter of Credit LC Payment Date for any amount amounts to be paid by such the LC Issuer upon any drawing under any Letter of Credit, without presentment, demand, protest or other formalities of any kind; provided . In the event that the Borrower shall not be precluded from asserting any claim for direct (but not consequential) damages suffered by the Borrower which the Borrower proves were caused by (a) the willful misconduct or gross negligence of such Issuer in determining whether a request presented drawing under any Letter of Credit complied with is not reimbursed by the terms of Borrower by 1:00 p.m. (Chicago time) on the first Banking Day after notice to the Borrower pursuant to Section 2.9.5 above, such unreimbursed Letter of Credit or (b) shall be reimbursed by an Advance under the Commitments evidenced by the Notes. The Borrower hereby irrevocably authorizes the Agent and the Lenders to refinance, without further notice to the Borrower, the Reimbursement Obligation of the Borrower arising out of any such Issuer’s failure drawing into a Floating Rate Advance, evidenced by the Notes and for all purposes under, on and subject to pay under any Letter of Credit after the presentation to it of a request strictly complying with the terms and conditions of this Agreement, but without regard to the conditions precedent to making an Advance under the Commitments or to any requirement of this Agreement that each Advance be in a minimum amount or multiple (and each of the Lenders specifically consents to the making of such Letter Advance without regard to such conditions precedent or minimum amount or multiple); provided, however, that an Advance under the Commitments in spite of Credit. All such amounts paid by the Borrower's failure to satisfy any conditions precedent to making an Issuer and remaining unpaid Advance shall not constitute a waiver of any Default by the Borrower Lenders. This Agreement and the other Loan Documents shall bear interest, payable on demand, for each day until paid at a rate per annum equal to the sum of 1% plus the rate applicable to Floating Rate Advances. The Administrative Agent will pay to each Lender ratably in accordance with its pro rata share all amounts received by it from the Borrower for application in payment, in whole or in part, of the Reimbursement Obligation in respect supersede any terms of any Letter letter of Credit, but only to credit applications or other documents which are irreconcilably inconsistent with the extent such Lender made payment to the applicable Issuer in respect of such Letter of Credit pursuant to Section 2.17(e)terms hereof or thereof.

Reimbursement by Borrower. The Borrower shall be irrevocably and unconditionally obligated to reimburse each LC Issuer through the Administrative Agent on or before the applicable Letter of Credit LC Payment Date for any amount amounts to be paid by such LC Issuer upon any drawing under any Letter of Credit, without presentment, demand, protest or other formalities of any kind; provided provided, however, that the neither Borrower nor any Lender shall not hereby be precluded from asserting any claim for direct (but not consequential) damages suffered by Borrower or such Lender to the Borrower which extent, but only to the Borrower proves were extent, caused by (ai) the willful misconduct or gross negligence of such LC Issuer in determining whether a request presented under any Letter of Credit issued by it complied with the terms of such Letter of Credit or (bii) such LC Issuer’s failure to pay under any Letter of Credit issued by it after the presentation to it of a request strictly complying with the terms and conditions of such Letter of Credit. All such amounts paid by an LC Issuer and remaining unpaid by the Borrower shall bear interest, payable on demand, for each day until paid at a rate per annum equal to the sum of 1% plus the rate applicable to Floating Rate Advances. The Administrative Agent will pay to each Lender ratably in accordance with its pro rata share Revolving Credit Commitment Percentage all amounts received by it from the Borrower for application in payment, in whole or in part, of the Reimbursement Obligation reimbursement obligation in respect of any Letter of CreditCredit issued by LC Issuer, but only to the extent such Lender has made payment to the applicable LC Issuer in respect of such Letter of Credit pursuant to Section 2.17(e2.3.5. Subject to the terms and conditions of this Agreement (including without limitation the submission of an Advance Request and the satisfaction of the applicable conditions precedent set forth in Section 5.2), Borrower may request a Revolving Loan hereunder for the purpose of satisfying any reimbursement obligation.