Reimbursement by the Borrowers of Amounts Drawn or Paid Under Letters of Credit. In the event an Issuing Bank has determined to honor a drawing under a Letter of Credit, it shall immediately notify the Borrower Representative, the Revolving Administrative Agent, and the Administrative Agent, and the applicable Borrower shall reimburse the Issuing Bank on or before the Business Day immediately following the date on which such drawing is honored (the “Reimbursement Date”) in an amount in Dollars (or Canadian Dollars, as applicable) and in same day funds equal to the amount of such honored drawing; provided that with respect to any reimbursement obligations of the U.S. Borrower arising from the presentment to the Issuing Bank of a draft under a U.S. Letter of Credit denominated in Canadian Dollars, the U.S. Borrower may make payment in Canadian Dollars only if such payment is received by the Issuing Bank on the date such draft is paid by the Issuing Bank and shall make payment thereafter in the Dollar Equivalent of such draft (as determined by the Issuing Bank on the date such draft is paid); provided, that anything contained herein to the contrary notwithstanding, (i) unless the Borrower Representative shall have notified the Revolving Administrative Agent, the Administrative Agent and the applicable Issuing Bank prior to 10:00 a.m. (New York City time) on the date such drawing is honored that the applicable Borrower intends to reimburse the Issuing Bank for the amount of such honored drawing with funds other than the proceeds of Revolving Loans, the applicable Borrower shall be deemed to have given a timely Borrowing Notice to the Revolving Administrative Agent requesting (x) with respect to any U.S. Letter of Credit, that Lenders with U.S. Revolving Commitments to make U.S. Revolving Loans that are Base Rate Loans on the Reimbursement Date in an amount in Dollars equal to the Dollar Equivalent of the amount of such honored drawing or (y) with respect to any Canadian Letter of Credit, that Lenders with Canadian Revolving Commitments make Canadian Revolving Loans that are Base Rate Loans or Canadian Prime Rate Loans, as applicable, on the Reimbursement Date in an amount in Canadian Dollars equal to the amount of such honored drawing, and (ii) subject to satisfaction or waiver of the conditions specified in Section 3.02, such Lenders with Revolving Commitments shall, on the Reimbursement Date, make such Revolving Loans that are Base Rate Loans or Canadian Prime Rate Loans, as applicable, in the Dollar Equivalent amount of such honored drawing (or the Canadian Dollar amount as applicable with respect to Canadian Prime Rate Loans), the proceeds of which shall be applied directly by the Revolving Administrative Agent to reimburse the applicable Issuing Bank for the amount of such honored drawing; provided, further, that if for any reason proceeds of Revolving Loans are not received by such Issuing Bank on the Reimbursement Date in an amount equal to the amount of such honored drawing, the applicable Borrower shall reimburse such Issuing Bank, on demand, in an amount in same day funds equal to the excess of the amount of such honored drawing over the aggregate amount of such Revolving Loans, if any, which are so received. Nothing in this Section 2.04(d) shall be deemed to relieve any Lender with a Revolving Commitment from its obligation to make Revolving Loans on the terms and conditions set forth herein, and each Borrower shall retain any and all rights it may have against any such Lender resulting from the failure of such Lender to make such Revolving Loans under this Section 2.04(d).
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Fmsa Holdings Inc), Credit and Guaranty Agreement (Fmsa Holdings Inc), Credit and Guaranty Agreement (Fmsa Holdings Inc)
Reimbursement by the Borrowers of Amounts Drawn or Paid Under Letters of Credit. (i) In the event an Issuing Bank has determined to honor a drawing under a U.S. Letter of Credit or Canadian Letter of Credit, it shall immediately notify the U.S. Borrower Representative, the Revolving Administrative Agent, and the Administrative Agent, and the applicable U.S. Borrower shall reimburse the applicable Issuing Bank on or before the Business Day immediately following the date on which such drawing notice is honored received by the U.S. Borrower (the “Reimbursement Date”) in an amount in Dollars (or Canadian Dollars, as applicable) the Approved Currency in which such Letter of Credit was issued and in same day funds equal to the amount of such honored drawing; provided that with respect to any reimbursement obligations of the U.S. Borrower arising from the presentment to the Issuing Bank of a draft under a U.S. Letter of Credit denominated in Canadian Dollars, the U.S. Borrower may make payment in Canadian Dollars only if such payment is received by the Issuing Bank on the date such draft is paid by the Issuing Bank and shall make payment thereafter in the Dollar Equivalent of such draft (as determined by the Issuing Bank on the date such draft is paid); provided, that anything contained herein to the contrary notwithstanding, (ix) unless the U.S. Borrower Representative shall have notified the Revolving Administrative Agent, the Administrative Agent and the applicable Issuing Bank prior to 10:00 a.m. (New York City time) on the date such drawing is honored Reimbursement Date that the applicable U.S. Borrower intends to reimburse the applicable Issuing Bank for the amount of such honored drawing with funds other than the proceeds of Revolving Loans, the applicable Borrower Representative shall be deemed to have given a timely Borrowing Notice to the Revolving Administrative Agent requesting (xA) with respect to any in the case of a U.S. Letter of Credit, that Lenders with U.S. Revolving Commitments to make U.S. Revolving Loans that are Base Rate Loans on the Reimbursement Date in an amount in Dollars equal to the Dollar Equivalent of the amount of such honored drawing or and (yB) with respect to any in the case of a Canadian Letter of Credit, that Lenders with Canadian Revolving Commitments to make Canadian Revolving Loans that are Base Rate Loans or Canadian Prime Rate Loans, as applicable, Loans on the Reimbursement Date in an amount in Canadian Dollars or Dollars, as applicable, equal to the amount of such honored drawingdrawing (provided that, in respect of any honored drawing in an amount less than $250,000 (or the Canadian Dollar equivalent), the U.S. Borrower shall reimburse the applicable Issuing Bank for such amount in cash and shall not be entitled to reimburse such drawing in accordance with this clause (x)) and (iiy) subject to satisfaction or waiver of the conditions specified in Section 3.02, such (A) Lenders with U.S. Revolving Commitments shall, on the Reimbursement DateDate for any U.S. Letter of Credit, make such U.S. Revolving Loans that are Base Rate Loans or Canadian Prime Rate Loans, as applicable, in the Dollar Equivalent amount of such honored drawing and (or B) Lenders with Canadian Revolving Commitments shall, on the Reimbursement Date for any Canadian Dollar amount as applicable with respect to Letter of Credit, make Canadian Revolving Loans that are Canadian Prime Rate Loans)Loans in an amount of such honored drawing, in each case, the proceeds of which shall be applied directly by the Revolving Administrative Agent to reimburse the applicable Issuing Bank for the amount of such honored drawing; provided, further, that if for any reason proceeds of Revolving Loans are not received by such the applicable Issuing Bank on the Reimbursement Date in an amount equal to the amount of such honored drawing, the applicable U.S. Borrower shall reimburse such the Issuing Bank, on demand, in an amount in same day funds equal to the excess of the amount of such honored drawing over the aggregate amount of such Revolving Loans, if any, which are so received. .
(ii) In the event the Issuing Bank has determined to honor a drawing under a Foreign Letter of Credit, it shall immediately notify the applicable Foreign Borrower and the Administrative Agent, and the applicable Foreign Borrower shall reimburse the Issuing Bank on or before the Reimbursement Date in an amount in the Approved Currency in which such Letter of Credit was issued and in same day funds equal to the amount of such honored drawing; provided, that anything contained herein to the contrary notwithstanding, (i) unless the applicable Foreign Borrower shall have notified the Administrative Agent and the Issuing Bank prior to 10:00 a.m. (London, England time) on the Reimbursement Date that the Foreign Borrower intends to reimburse the Issuing Bank for the amount of such honored drawing with funds other than the proceeds of Revolving Loans, the Borrower Representative shall be deemed to have given a timely Borrowing Notice to the Administrative Agent requesting Lenders with Foreign Revolving Commitments to make Foreign Revolving Loans that are Eurocurrency Rate Loans with an Interest Period of one month on the Reimbursement Date in an amount in the applicable Approved Currency equal to the amount of such honored drawing (provided that, in respect of any honored drawing in an amount less than €250,000, the Foreign Borrower shall reimburse the applicable Issuing Bank for such amount in cash and shall not be entitled to reimburse such drawing in accordance with this clause (i)), and (ii) subject to satisfaction or waiver of the conditions specified in Section 3.02, Lenders with Foreign Revolving Commitments shall, on the Reimbursement Date for any Foreign Letter of Credit, make Foreign Revolving Loans that are Eurocurrency Rate Loans with an Interest Period of one month in the amount of such honored drawing, the proceeds of which shall be applied directly by the Administrative Agent to reimburse the Issuing Bank for the amount of such honored drawing; provided, further, that if for any reason proceeds of Foreign Revolving Loans are not received by the Issuing Bank on the Reimbursement Date in an amount equal to the amount of such honored drawing, the applicable Foreign Borrower shall reimburse the Issuing Bank, on demand, in an amount in same day funds equal to the excess of the amount of such honored drawing over the aggregate amount of such Foreign Revolving Loans, if any, which are so received Nothing in this Section 2.04(d) shall be deemed to relieve any Lender with a Revolving Commitment from its obligation to make Revolving Loans on the terms and conditions set forth herein, and each Borrower shall retain any and all rights it may have against any such Lender resulting from the failure of such Lender to make such Revolving Loans under this Section 2.04(d).
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Phillips Van Heusen Corp /De/), Credit and Guaranty Agreement (Phillips Van Heusen Corp /De/), Credit and Guaranty Agreement (Phillips Van Heusen Corp /De/)
Reimbursement by the Borrowers of Amounts Drawn or Paid Under Letters of Credit. In the event an Issuing Bank has determined to honor a drawing under a Letter of Credit, it shall immediately notify the applicable Borrower Representative, the Revolving Administrative Agent, and the Administrative Agent, and the applicable such Borrower shall reimburse the such Issuing Bank on or before the Business Day immediately following the date on which such drawing is honored (the “Reimbursement Date”) in an amount in Dollars (or Canadian Dollars, as applicable) and in same day funds equal to the amount of such honored drawing; provided that with respect to any reimbursement obligations of the U.S. Borrower arising from the presentment to the Issuing Bank of a draft under a U.S. Letter of Credit denominated in Canadian Dollars, the U.S. Borrower may make payment in Canadian Dollars only if such payment is received by the Issuing Bank on the date such draft is paid by the Issuing Bank and shall make payment thereafter in the Dollar Equivalent of such draft (as determined by the Issuing Bank on the date such draft is paid); provided, that anything contained herein to the contrary notwithstanding, (i) unless the such Borrower Representative shall have notified the Revolving Administrative Agent, the Administrative Agent and the applicable Issuing Bank prior to 10:00 11:00 a.m. (New York City time) on the date such drawing is honored that the applicable such Borrower intends to reimburse the such Issuing Bank for the amount of such honored drawing with funds other than the proceeds of Revolving Loans, the applicable such Borrower shall be deemed to have given a timely Borrowing Funding Notice to the Revolving Administrative Agent requesting (x) with respect to any U.S. Letter of Credit, that the Lenders with U.S. Revolving Commitments to make U.S. Revolving Loans that are Base Rate Loans on the Reimbursement Date in an amount in Dollars equal to the Dollar Equivalent of the amount of such honored drawing or (y) with respect to any Canadian Letter of Credit, that Lenders with Canadian Revolving Commitments make Canadian Revolving Loans that are Base Rate Loans or Canadian Prime Rate Loans, as applicable, on the Reimbursement Date in an amount in Canadian Dollars equal to the amount of such honored drawing, and (ii) subject to satisfaction or waiver of the conditions specified in Section 3.025.2, such the Lenders with Revolving Commitments shall, on the Reimbursement Date, make such Revolving Loans that are Base Rate Loans or Canadian Prime Rate Loans, as applicable, in the Dollar Equivalent amount of such honored drawing (or the Canadian Dollar amount as applicable with respect to Canadian Prime Rate Loans)drawing, the proceeds of which shall be applied directly by the Revolving Administrative Agent to reimburse the applicable Issuing Bank for the amount of such honored drawing; provided, and provided further, that if for any reason proceeds of Revolving Loans are not received by such the applicable Issuing Bank on the Reimbursement Date in an amount equal to the amount of such honored drawing, the applicable such Borrower shall reimburse such Issuing Bank, on demand, in an amount in same day funds equal to the excess of the amount of such honored drawing over the aggregate amount of such Revolving Loans, if any, which are so received. Nothing in this Section 2.04(d2.3(d) shall be deemed to relieve any Lender with a Revolving Commitment from its obligation to make Revolving Loans on the terms and conditions set forth herein, and each Borrower the Borrowers shall retain any and all rights it may have against any such Lender resulting from the failure of such Lender to make such Revolving Loans under this Section 2.04(d2.3(d).
Appears in 3 contracts
Samples: Credit Agreement (FutureFuel Corp.), Credit Agreement (FutureFuel Corp.), Credit Agreement (FutureFuel Corp.)
Reimbursement by the Borrowers of Amounts Drawn or Paid Under Letters of Credit. (i) In the event an the Issuing Bank has determined to honor a drawing under a U.S. Letter of Credit, it shall immediately notify the U.S. Borrower Representative, the Revolving Administrative Agent, and the Administrative Agent, and the applicable U.S. Borrower shall reimburse the Issuing Bank on or before the Business Day immediately following the date on which such drawing notice is honored received by the U.S. Borrower (such Business Day, the “Reimbursement Date”) in an amount in Dollars (or Canadian Dollars, as applicable) the Approved Currency in which such Letter of Credit was issued and in same day funds equal to the amount of such honored drawing; provided that with respect to any reimbursement obligations of the U.S. Borrower arising from the presentment to the Issuing Bank of a draft under a U.S. Letter of Credit denominated in Canadian Dollars, the U.S. Borrower may make payment in Canadian Dollars only if such payment is received by the Issuing Bank on the date such draft is paid by the Issuing Bank and shall make payment thereafter in the Dollar Equivalent of such draft (as determined by the Issuing Bank on the date such draft is paid); provided, that anything contained herein to the contrary notwithstanding, (iA) unless the U.S. Borrower Representative shall have notified the Revolving Administrative Agent, the Administrative Agent and the applicable Issuing Bank prior to 10:00 a.m. (New York City time) on the date such drawing is honored Reimbursement Date that the applicable U.S. Borrower intends to reimburse the Issuing Bank for the amount of such honored drawing with funds other than the proceeds of Revolving Loans, the applicable Borrower Representative shall be deemed to have given a timely Borrowing Notice to the Revolving Administrative Agent requesting (x) with respect to any U.S. Letter of Credit, that Lenders with U.S. Revolving Commitments to make U.S. Revolving Loans that are Base Rate Loans on the Reimbursement Date in an amount in Dollars equal to the Dollar Equivalent of the amount of such honored drawing or (y) with respect to any Canadian Letter of Creditapplicable Approved Currency, that Lenders with Canadian Revolving Commitments make Canadian Revolving Loans that are Base Rate Loans or Canadian Prime Rate Loans, as applicable, on the Reimbursement Date in an amount in Canadian Dollars equal to the amount of such honored drawing, and (iiB) subject to satisfaction or waiver of the conditions specified in Section 3.02, such Lenders with U.S. Revolving Commitments shall, on the Reimbursement DateDate for any U.S. Letter of Credit, make such U.S. Revolving Loans that are Base Rate Loans or Canadian Prime Rate Loans, as applicable, in the Dollar Equivalent amount of such honored drawing (or the Canadian Dollar amount as applicable with respect to Canadian Prime Rate Loans)drawing, the proceeds of which shall be applied directly by the Revolving Administrative Agent to reimburse the applicable Issuing Bank for the amount of such honored drawing; provided, further, that if for any reason proceeds of U.S. Revolving Loans are not received by such the Issuing Bank on the Reimbursement Date in an amount equal to the amount of such honored drawing, the applicable U.S. Borrower shall reimburse such the Issuing Bank, on demand, in an amount in same day funds equal to the excess of the amount of such honored drawing over the aggregate amount of such U.S. Revolving Loans, if any, which are so received. .
(ii) In the event the Issuing Bank has determined to honor a drawing under a U.S. Multicurrency Letter of Credit, it shall immediately notify the U.S. Borrower and the Administrative Agent, and the U.S. Borrower shall reimburse the Issuing Bank on or before the Business Day immediately following the date on which such notice is received by the U.S. Borrower (such Business Day, the “Reimbursement Date”) in an amount in the Approved Currency in which such Letter of Credit was issued and in same day funds equal to the amount of such honored drawing; provided, that anything contained herein to the contrary notwithstanding, (A) unless the U.S. Borrower shall have notified the Administrative Agent and the Issuing Bank prior to 10:00 a.m. (New York City time) on the Reimbursement Date that the U.S. Borrower intends to reimburse the Issuing Bank for the amount of such honored drawing with funds other than the proceeds of Revolving Loans, the Borrower Representative shall be deemed to have given a timely Borrowing Notice to the Administrative Agent requesting Lenders with U.S. Multicurrency Revolving Commitments to make U.S. Multicurrency Revolving Loans that are Base Rate Loans on the Reimbursement Date in an amount in the applicable Approved Currency, equal to the amount of such honored drawing, and (B) subject to satisfaction or waiver of the conditions specified in Section 3.02, Lenders with U.S. Multicurrency Revolving Commitments shall, on the Reimbursement Date for any U.S. Multicurrency Letter of Credit, make U.S. Multicurrency Revolving Loans that are Base Rate Loans in the amount of such honored drawing, the proceeds of which shall be applied directly by the Administrative Agent to reimburse the Issuing Bank for the amount of such honored drawing; provided, further, that if for any reason proceeds of U.S. Multicurrency Revolving Loans are not received by the Issuing Bank on the Reimbursement Date in an amount equal to the amount of such honored drawing, the U.S. Borrower shall reimburse the Issuing Bank, on demand, in an amount in same day funds equal to the excess of the amount of such honored drawing over the aggregate amount of such U.S. Multicurrency Revolving Loans, if any, which are so received.
(iii) In the event the Issuing Bank has determined to honor a drawing under a Foreign Letter of Credit, it shall immediately notify the applicable Foreign Borrower and the Administrative Agent, and the applicable Foreign Borrower shall reimburse the Issuing Bank on or before the Reimbursement Date in an amount in the Approved Currency in which such Letter of Credit was issued and in same day funds equal to the amount of such honored drawing; provided, that anything contained herein to the contrary notwithstanding, (A) unless the Foreign Borrower shall have notified the Administrative Agent and the Issuing Bank prior to 10:00 a.m. (London, England time) on the date such drawing is honored that the Foreign Borrower intends to reimburse the Issuing Bank for the amount of such honored drawing with funds other than the proceeds of Revolving Loans, the Borrower Representative shall be deemed to have given a timely Borrowing Notice to the Administrative Agent requesting Lenders with Foreign Revolving Commitments to make Foreign Revolving Loans that are Eurocurrency Rate Loans with an Interest Period of one month on the Reimbursement Date in an amount in the applicable Approved Currency equal to the amount of such honored drawing, and (B) subject to satisfaction or waiver of the conditions specified in Section 3.02, Lenders with Foreign Revolving Commitments shall, on the Reimbursement Date for any Foreign Letter of Credit, make Foreign Revolving Loans that are Eurocurrency Rate Loans with an Interest Period of one month in the amount of such honored drawing, the proceeds of which shall be applied directly by the Administrative Agent to reimburse the Issuing Bank for the amount of such honored drawing; provided, further, that if for any reason proceeds of Foreign Revolving Loans are not received by the Issuing Bank on the Reimbursement Date in an amount equal to the amount of such honored drawing, the applicable Foreign Borrower shall reimburse the Issuing Bank, on demand, in an amount in same day funds equal to the excess of the amount of such honored drawing over the aggregate amount of such Foreign Revolving Loans, if any, which are so received Nothing in this Section 2.04(d) shall be deemed to relieve any Lender with a Revolving Commitment from its obligation to make Revolving Loans on the terms and conditions set forth herein, and each Borrower shall retain any and all rights it may have against any such Lender resulting from the failure of such Lender to make such Revolving Loans under this Section 2.04(d).
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Grifols SA), Credit and Guaranty Agreement (Grifols Germany GmbH)
Reimbursement by the Borrowers of Amounts Drawn or Paid Under Letters of Credit. In the event an Issuing Bank has determined to honor a drawing under a Letter of Credit, it shall immediately notify the Borrower Representative, the Revolving Administrative Agent, Borrowers and the Administrative Agent, and the applicable Borrower Borrowers shall reimburse the such Issuing Bank through the Administrative Agent on or before the Business Day immediately following the date on which such drawing is honored (the “Reimbursement Date”) in an amount in Dollars (or Canadian Dollars, as applicable) and in same day funds equal to the amount of such honored drawing; drawing together with interest as provided that with respect to any reimbursement obligations of the U.S. Borrower arising from the presentment to the Issuing Bank of a draft under a U.S. Letter of Credit denominated for in Canadian Dollars, the U.S. Borrower may make payment in Canadian Dollars only if such payment is received by the Issuing Bank on the date such draft is paid by the Issuing Bank and shall make payment thereafter in the Dollar Equivalent of such draft (as determined by the Issuing Bank on the date such draft is paid)Section 2.7.6; provided, that anything contained herein to the contrary notwithstanding, (ia) unless the Borrower Representative Borrowers shall have notified the Revolving Administrative Agent, the Administrative Agent and the applicable Issuing Bank prior to 10:00 a.m. (New York City time) on the date such drawing is honored that the applicable Borrower intends Borrowers intend to reimburse the such Issuing Bank through the Administrative Agent for the amount of such honored drawing with funds other than the proceeds of Revolving Loans, the applicable Borrower Borrowers shall be deemed to have given a timely Borrowing Funding Notice to the Revolving Administrative Agent requesting (x) with respect to any U.S. Letter of Credit, that the Lenders with U.S. Revolving Commitments to make U.S. Revolving Loans that are Base Rate Loans on the Reimbursement Date in an amount in Dollars equal to the Dollar Equivalent of the amount of such honored drawing or (y) with respect to any Canadian Letter of Credit, that Lenders with Canadian Revolving Commitments make Canadian Revolving Loans that are Base Rate Loans or Canadian Prime Rate Loans, as applicable, on the Reimbursement Date in an amount in Canadian Dollars equal to the amount of such honored drawing, and (iib) subject to satisfaction or waiver of the conditions specified in Section 3.023.2, such the Lenders with Revolving Commitments shall, on the Reimbursement Date, make such Revolving Loans that are Base Rate Loans or Canadian Prime Rate Loans, as applicable, in the Dollar Equivalent amount of such honored drawing (or the Canadian Dollar amount as applicable with respect to Canadian Prime Rate Loans)drawing, the proceeds of which shall be applied directly by the Revolving Administrative Agent to reimburse the applicable Issuing Bank for the amount of such honored drawing; provided, and provided further, that if for any reason proceeds of Revolving Loans are not received by such the applicable Issuing Bank on the Reimbursement Date in an amount equal to the amount of such honored drawing, the applicable Borrower Borrowers shall reimburse such Issuing Bank, on demand, in an amount in same day funds equal to the excess of the amount of such honored drawing over the aggregate amount of such Revolving Loans, if any, which are so received. Nothing in this Section 2.04(d) 2.3.4 shall be deemed to relieve any Lender with a Revolving Commitment from its obligation to make Revolving Loans on the terms and conditions set forth herein, and each Borrower the Borrowers shall retain any and all rights it they may have against any such Lender resulting from the failure of such Lender to make such Revolving Loans under this Section 2.04(d)2.3.4.
Appears in 2 contracts
Samples: Credit Agreement (Protective Life Insurance Co), Credit Agreement (Protective Life Insurance Co)
Reimbursement by the Borrowers of Amounts Drawn or Paid Under Letters of Credit. In the event an the Issuing Bank has determined to honor a drawing under a Letter of Credit, it shall immediately notify the applicable Borrower Representative, the Revolving Administrative Agent, and the Administrative Agent, and the applicable such Borrower shall reimburse the Issuing Bank on or before the Business Day immediately following the date on which such drawing is honored (the “Reimbursement Date”) in an amount in Dollars (or Canadian Dollars, as applicable) and in same day funds equal to the amount of such honored drawing; provided that with respect to any reimbursement obligations of the U.S. Borrower arising from the presentment to the Issuing Bank of a draft under a U.S. Letter of Credit denominated in Canadian Dollars, the U.S. Borrower may make payment in Canadian Dollars only if such payment is received by the Issuing Bank on the date such draft is paid by the Issuing Bank and shall make payment thereafter in the Dollar Equivalent of such draft (as determined by the Issuing Bank on the date such draft is paid); provided, that anything contained herein to the contrary notwithstanding, (i) unless the applicable Borrower Representative shall have notified the Revolving Administrative Agent, the Administrative Agent and the applicable Issuing Bank prior to 10:00 11:00 a.m. (New York City time) on the date such drawing is honored that the applicable such Borrower intends to reimburse the Issuing Bank for the amount of such honored drawing with funds other than the proceeds of Revolving Loans, the applicable such Borrower shall be deemed to have given a timely Borrowing Funding Notice to the Revolving Administrative Agent requesting (x) with respect to any U.S. Letter of Credit, that the Lenders with U.S. Revolving Commitments to make U.S. Revolving Loans that are Base Rate Loans on the Reimbursement Date in an amount in Dollars equal to the Dollar Equivalent of the amount of such honored drawing or (y) with respect to any Canadian Letter of Credit, that Lenders with Canadian Revolving Commitments make Canadian Revolving Loans that are Base Rate Loans or Canadian Prime Rate Loans, as applicable, on the Reimbursement Date in an amount in Canadian Dollars equal to the amount of such honored drawing, and (ii) subject to satisfaction or waiver of the conditions specified in Section 3.025.2, such the Lenders with Revolving Commitments shall, on the Reimbursement Date, make such Revolving Loans that are Base Rate Loans or Canadian Prime Rate Loans, as applicable, in the Dollar Equivalent amount of such honored drawing (or the Canadian Dollar amount as applicable with respect to Canadian Prime Rate Loans)drawing, the proceeds of which shall be applied directly by the Revolving Administrative Agent to reimburse the applicable Issuing Bank for the amount of such honored drawing; provided, and provided further, that if for any reason proceeds of Revolving Loans are not received by such the Issuing Bank on the Reimbursement Date in an amount equal to the amount of such honored drawing, the applicable Borrower Borrowers shall reimburse such the Issuing Bank, on demand, in an amount in same day funds equal to the excess of the amount of such honored drawing over the aggregate amount of such Revolving Loans, if any, which are so received. Nothing in this Section 2.04(d2.3(d) shall be deemed to relieve any Lender with a Revolving Commitment from its obligation to make Revolving Loans on the terms and conditions set forth herein, and each Borrower shall retain any and all rights it may have against any such Lender resulting from the failure of such Lender to make such Revolving Loans under this Section 2.04(d2.3(d).
Appears in 2 contracts
Samples: Credit Agreement (BurgerFi International, Inc.), Credit Agreement (BurgerFi International, Inc.)
Reimbursement by the Borrowers of Amounts Drawn or Paid Under Letters of Credit. (i) In the event an Issuing Bank has determined to honor a drawing under a U.S. Letter of Credit or Canadian Letter of Credit, it shall immediately notify the U.S. Borrower Representative, the Revolving Administrative Agent, and the Administrative Agent, and the applicable U.S. Borrower shall reimburse the applicable Issuing Bank on or before the Business Day immediately following the date on which such drawing notice is honored received by the U.S. Borrower (the “Reimbursement Date”) in an amount in Dollars (or Canadian Dollars, as applicable) the Approved Currency in which such Letter of Credit was issued and in same day funds equal to the amount of such honored drawing; provided that with respect to any reimbursement obligations of the U.S. Borrower arising from the presentment to the Issuing Bank of a draft under a U.S. Letter of Credit denominated in Canadian Dollars, the U.S. Borrower may make payment in Canadian Dollars only if such payment is received by the Issuing Bank on the date such draft is paid by the Issuing Bank and shall make payment thereafter in the Dollar Equivalent of such draft (as determined by the Issuing Bank on the date such draft is paid); provided, that anything contained herein to the contrary notwithstanding, (ix) unless the U.S. Borrower Representative shall have notified the Revolving Administrative Agent, the Administrative Agent and the applicable Issuing Bank prior to 10:00 a.m. (New York City time) on the date such drawing is honored Reimbursement Date that the applicable U.S. Borrower intends to reimburse the applicable Issuing Bank for the amount of such honored drawing with funds other than the proceeds of Revolving Loans, the applicable Borrower Representative shall be deemed to have given a timely Borrowing Notice to the Revolving Administrative Agent requesting (xA) with respect to any in the case of a U.S. Letter of Credit, that Lenders with U.S. Revolving Commitments to make U.S. Revolving Loans that are Base Rate Loans on the Reimbursement Date in an amount in Dollars equal to the Dollar Equivalent of the amount of such honored drawing or and (yB) with respect to any in the case of a Canadian Letter of Credit, that Lenders with Canadian Revolving Commitments to make Canadian Revolving Loans that are Base Canadian Prime Rate Loans or Canadian Prime Base Rate Loans, as applicable, on the Reimbursement Date in an amount in Canadian Dollars or Dollars, as applicable, equal to the amount of such honored drawingdrawing (provided that, in respect of any honored drawing in an amount less than $250,000 (or the Canadian Dollar equivalent), the U.S. Borrower shall reimburse the applicable Issuing Bank for such amount in cash and shall not be entitled to reimburse such drawing in accordance with this clause (x)) and (iiy) subject to satisfaction or waiver of the conditions specified in Section 3.02, such (A) Lenders with U.S. Revolving Commitments shall, on the Reimbursement DateDate for any U.S. Letter of Credit, make such U.S. Revolving Loans that are Base Rate Loans or in the amount of such honored drawing and (B) Lenders with Canadian Revolving Commitments shall, on the Reimbursement Date for any Canadian Letter of Credit, make Canadian Revolving Loans that are Canadian Prime Rate Loans or Base Rate Loans, as applicable, in the Dollar Equivalent an amount of such honored drawing (or the Canadian Dollar amount as applicable with respect to Canadian Prime Rate Loans)drawing, in each case, the proceeds of which shall be applied directly by the Revolving Administrative Agent to reimburse the applicable Issuing Bank for the amount of such honored drawing; provided, further, that if for any reason proceeds of Revolving Loans are not received by such the applicable Issuing Bank on the Reimbursement Date in an amount equal to the amount of such honored drawing, the applicable U.S. Borrower shall reimburse such the Issuing Bank, on demand, in an amount in same day funds equal to the excess of the amount of such honored drawing over the aggregate amount of such Revolving Loans, if any, which are so received.
(ii) In the event the Issuing Bank has determined to honor a drawing under a Foreign Letter of Credit, it shall immediately notify the applicable Foreign Borrower and the Administrative Agent, and the applicable Foreign Borrower shall reimburse the Issuing Bank on or before the Reimbursement Date in an amount in the Approved Currency in which such Letter of Credit was issued and in same day funds equal to the amount of such honored drawing; provided, that anything contained herein to the contrary notwithstanding, (i) unless the applicable Foreign Borrower shall have notified the Administrative Agent and the Issuing Bank prior to 10:00 a.m. (London, England time) on the Reimbursement Date that the Foreign Borrower intends to reimburse the Issuing Bank for the amount of such honored drawing with funds other than the proceeds of Revolving Loans, the Borrower Representative shall be deemed to have given a timely Borrowing Notice to the Administrative Agent requesting Lenders with Foreign Revolving Commitments to make Foreign Revolving Loans that are Eurocurrency Rate Loans with an Interest Period of one month on the Reimbursement Date in an amount in the applicable Approved Currency equal to the amount of such honored drawing (provided that, in respect of any honored drawing in an amount less than €250,000, the Foreign Borrower shall reimburse the applicable Issuing Bank for such amount in cash and shall not be entitled to reimburse such drawing in accordance with this clause (i)), and (ii) subject to satisfaction or waiver of the conditions specified in Section 3.02, Lenders with Foreign Revolving Commitments shall, on the Reimbursement Date for any Foreign Letter of Credit, make Foreign Revolving Loans that are Eurocurrency Rate Loans with an Interest Period of one month in the amount of such honored drawing, the proceeds of which shall be applied directly by the Administrative Agent to reimburse the Issuing Bank for the amount of such honored drawing; provided, further, that if for any reason proceeds of Foreign Revolving Loans are not received by the Issuing Bank on the Reimbursement Date in an amount equal to the amount of such honored drawing, the applicable Foreign Borrower shall reimburse the Issuing Bank, on demand, in an amount in same day funds equal to the excess of the amount of such honored drawing over the aggregate amount of such Foreign Revolving Loans, if any, which are so received. Nothing in this Section 2.04(d) shall be deemed to relieve any Lender with a Revolving Commitment from its obligation to make Revolving Loans on the terms and conditions set forth herein, and each Borrower shall retain any and all rights it may have against any such Lender resulting from the failure of such Lender to make such Revolving Loans under this Section 2.04(d).
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (PVH Corp. /De/), Credit and Guaranty Agreement (Phillips Van Heusen Corp /De/)
Reimbursement by the Borrowers of Amounts Drawn or Paid Under Letters of Credit. In the event an the Issuing Bank of the relevant Letter of Credit has determined to honor a drawing under a such Letter of CreditCredit and make an LC Disbursement, it shall immediately promptly notify the Borrower Representative, Representative and the Revolving Administrative AgentAgent by telephone (confirmed in writing by facsimile or other electronic transmission (including “.pdf” or “.tif”)), and the Administrative Agent, and the applicable Borrower Borrowers shall reimburse the such Issuing Bank on or before the second Business Day immediately following the date such notice is received (or, if such notice is prior to 10:00 a.m., New York City time, on which or before the first Business Day immediately following the date such drawing notice is honored received) (the “Reimbursement Date”) in an amount in Dollars (or Canadian Dollars, as applicable) and equal to such LC Disbursement in same day funds equal to the amount of such honored drawingfunds; provided that that, (i) any failure to give or delay in giving such notice shall not relieve the Borrowers of their obligation to reimburse such Issuing Bank with respect to any reimbursement obligations LC Disbursement, (ii) unless the Borrowers shall reimburse such LC Disbursement in full on the Reimbursement Date, the unpaid amount thereof shall bear interest, for each day from and including the Reimbursement Date to but excluding the date that the Borrowers reimburse such LC Disbursement (or the date such LC Disbursement is reimbursed with proceeds of Loans, as applicable), at the rate per annum then applicable to the Initial Revolving Loans (or, to the extent of the U.S. Borrower arising from participation in such LC Disbursement by any Revolving Lenders of another Class, the presentment rate per annum then applicable to the Revolving Loans of such other Class) that are ABR Loans; provided that if the Borrowers fail to reimburse such LC Disbursement when due as provided above, then Section 2.14(c) shall apply, and (iii) interest accrued pursuant to this paragraph shall be for the account of the applicable Issuing Bank, except that interest accrued on and after the date of payment by any Revolving Lender pursuant to paragraph (e) of this Section to reimburse such Issuing Bank shall be for the account of a draft under a U.S. Letter such Revolving Lender to the extent of Credit denominated in Canadian Dollarssuch payment, the U.S. Borrower may make payment in Canadian Dollars only if such payment is received by the Issuing Bank and shall be payable on the date such draft is paid by on which the Issuing Bank and shall make payment thereafter Borrowers are required to reimburse the applicable LC Disbursement in the Dollar Equivalent of such draft full (as determined by the Issuing Bank and, thereafter, on the date such draft is paiddemand); provided, that anything . Anything contained herein to the contrary notwithstanding, (i) unless the Borrower Representative shall have notified the Revolving Administrative Agent, the Administrative Agent and the applicable relevant Issuing Bank prior to 10:00 a.m. (12:00 p.m., New York City time) , on the date such drawing is honored day immediately preceding the applicable Reimbursement Date that the applicable Borrower intends Borrowers intend to reimburse the such Issuing Bank for the amount of such honored drawing with funds other than the proceeds of Revolving Loans, the applicable Borrower Borrowers shall be deemed to have given a timely Borrowing Notice Request to the Revolving Administrative Agent requesting (x) with respect to any U.S. Letter of Credit, that Lenders with U.S. Revolving Commitments to make U.S. Revolving Loans that are Base Rate ABR Loans on the Reimbursement Date in an amount in Dollars equal to the Dollar Equivalent of the amount of such honored drawing or (y) with respect to any Canadian Letter of Credit, that Lenders with Canadian Revolving Commitments make Canadian Revolving Loans that are Base Rate Loans or Canadian Prime Rate Loans, as applicable, on the Reimbursement Date in an amount in Canadian Dollars equal to the amount of such honored drawing, and (ii) subject to satisfaction or waiver of the conditions specified in Section 3.02, such 4.02. Lenders with Revolving Commitments shall, on the Reimbursement Date, make such Revolving Loans that are Base Rate ABR Loans or Canadian Prime Rate Loans, as applicable, in an amount equal to the Dollar Equivalent amount of such honored drawing (or the Canadian Dollar amount as applicable with respect to Canadian Prime Rate Loans)drawing, the proceeds of which shall be applied directly by the Revolving Administrative Agent to reimburse the applicable relevant Issuing Bank for the amount of such honored drawing; and provided, further, that if for any reason proceeds of Revolving Loans are not received by such Issuing Bank on the Reimbursement Date in an amount equal to the amount of such honored drawing, the applicable Borrower Borrowers shall reimburse such Issuing Bank, on demand, in an amount in same day funds equal to the excess of the amount of such honored drawing over the aggregate amount of such Revolving Loans, if any, which are so received. Nothing in this Section 2.04(d2.08(d) shall be deemed to relieve any Lender with a Revolving Commitment from its obligation to make Revolving Loans on the terms and conditions set forth herein, and each Borrower the Borrowers shall retain any and all rights it may have against any such Lender resulting from the failure of such Lender to make such Revolving Loans under this Section 2.04(d2.08(d).
Appears in 2 contracts
Samples: First Lien Credit Agreement, First Lien Credit Agreement (Allscripts Healthcare Solutions, Inc.)
Reimbursement by the Borrowers of Amounts Drawn or Paid Under Letters of Credit. In the event an the Issuing Bank has determined to honor a drawing under a Letter of Credit, it shall immediately notify the applicable Borrower Representative, the Revolving Administrative Agent, and the Administrative Agent, and the applicable Borrower shall reimburse the Issuing Bank on or before the Business Day immediately following the date on which such drawing is honored (the “Reimbursement Date”) in an amount in Dollars (or Canadian Dollars, as applicable) and in same day funds equal to the amount of such honored drawing; provided that with respect to any reimbursement obligations of the U.S. Borrower arising from the presentment to the Issuing Bank of a draft under a U.S. Letter of Credit denominated in Canadian Dollars, the U.S. Borrower may make payment in Canadian Dollars only if such payment is received by the Issuing Bank on the date such draft is paid by the Issuing Bank and shall make payment thereafter in the Dollar Equivalent of such draft (as determined by the Issuing Bank on the date such draft is paid); provided, that anything contained herein to the contrary notwithstanding, (i) unless the applicable Borrower Representative shall have notified the Revolving Administrative Agent, the Administrative Agent and the applicable Issuing Bank prior to 10:00 11:00 a.m. (New York City time) on the date such drawing is honored that the applicable Borrower intends to reimburse the Issuing Bank for the amount of such honored drawing with funds other than the proceeds of Revolving Loans, the applicable Borrower shall be deemed to have given a timely Borrowing Funding Notice to the Revolving Administrative Agent requesting (x) with respect to any U.S. Letter of Credit, that the Lenders with U.S. Revolving Commitments to make U.S. Revolving Loans that are Base Rate Loans on the Reimbursement Date in an amount in Dollars equal to the Dollar Equivalent of the amount of such honored drawing or (y) with respect to any Canadian Letter of Credit, that Lenders with Canadian Revolving Commitments make Canadian Revolving Loans that are Base Rate Loans or Canadian Prime Rate Loans, as applicable, on the Reimbursement Date in an amount in Canadian Dollars equal to the amount of such honored drawing, and (ii) subject to satisfaction or waiver of the conditions specified in Section 3.025.2, such the Lenders with Revolving Commitments shall, on the Reimbursement Date, make such Revolving Loans that are Base Rate Loans or Canadian Prime Rate Loans, as applicable, in the Dollar Equivalent amount of such honored drawing (or the Canadian Dollar amount as applicable with respect to Canadian Prime Rate Loans)drawing, the proceeds of which shall be applied directly by the Revolving Administrative Agent to reimburse the applicable Issuing Bank for the amount of such honored drawing; provided, and provided further, that if for any reason proceeds of Revolving Loans are not received by such the Issuing Bank on the Reimbursement Date in an amount equal to the amount of such honored drawing, the applicable Borrower shall reimburse such the Issuing Bank, on demand, in an amount in same day funds equal to the excess of the amount of such honored drawing over the aggregate amount of such Revolving Loans, if any, which are so received. Nothing in this Section 2.04(d2.3(d) shall be deemed to relieve any Lender with a Revolving Commitment from its obligation to make Revolving Loans on the terms and conditions set forth herein, and each the applicable Borrower shall retain any and all rights it may have against any such Lender resulting from the failure of such Lender to make such Revolving Loans under this Section 2.04(d2.3(d).
Appears in 1 contract
Reimbursement by the Borrowers of Amounts Drawn or Paid Under Letters of Credit. In the event an Issuing Bank has determined to honor a drawing under a Letter of Credit, it shall immediately notify the Borrower Representative, the Revolving Borrowers and Administrative Agent, and the Administrative Agent, and the applicable Borrower Borrowers shall reimburse the applicable Issuing Bank (i) by 11:00 a.m. on the same date on which the Borrowers receive notice that a drawing has been honored or (ii) if the Borrowers receive such notice after 11:00 a.m. (New York City time), on or before the Business Day immediately following the date on which receipt of such drawing is honored notice (in each case, the “Reimbursement Date”) in an amount in Dollars (or Canadian Dollars, as applicable) and in same day funds equal to the amount of such honored drawing; provided that with respect to any reimbursement obligations of the U.S. Borrower arising from the presentment to the Issuing Bank of a draft under a U.S. Letter of Credit denominated in Canadian Dollars, the U.S. Borrower may make payment in Canadian Dollars only if such payment is received by the Issuing Bank on the date such draft is paid by the Issuing Bank and shall make payment thereafter in the Dollar Equivalent of such draft (as determined by the Issuing Bank on the date such draft is paid); provided, that anything contained herein to the contrary notwithstanding, (i) unless the Borrower Representative Borrowers shall have notified the Revolving Administrative Agent, the Administrative Agent and the applicable Issuing Bank prior to 10:00 a.m. 1:00 p.m. (New York City time) on the date such drawing is honored that the applicable Borrower intends to reimburse the applicable Issuing Bank for the amount of such honored drawing with funds other than the proceeds of Revolving Loans, the applicable Borrower Borrowers shall be deemed to have given a timely Borrowing Funding Notice to the Revolving Administrative Agent requesting (x) with respect to any U.S. Letter of Credit, that Lenders with U.S. a Revolving Commitments Commitment to make U.S. Revolving Loans that are Base Rate Loans on the Reimbursement Date in an amount in Dollars equal to the Dollar Equivalent of the amount of such honored drawing or (y) with respect to any Canadian Letter of Credit, that Lenders with Canadian Revolving Commitments make Canadian Revolving Loans that are Base Rate Loans or Canadian Prime Rate Loans, as applicable, on the Reimbursement Date in an amount in Canadian Dollars equal to the amount of such honored drawing, and (ii) subject to satisfaction or waiver of the conditions specified in Section 3.02, such Lenders with a Revolving Commitments Commitment shall, on the Reimbursement Date, make such Revolving Loans that are Base Rate Loans or Canadian Prime Rate Loans, as applicable, in the Dollar Equivalent amount of such honored drawing (or the Canadian Dollar amount as applicable with respect to Canadian Prime Rate Loans)drawing, the proceeds of which shall be applied directly by the Revolving Administrative Agent to reimburse the applicable such Issuing Bank for the amount of such honored drawing; provided, and provided further, that if for any reason proceeds of Revolving Loans are not received by such the applicable Issuing Bank on the Reimbursement Date in an amount equal to the amount of such honored drawing, the applicable Borrower Borrowers shall reimburse such Issuing Bank, on demand, in an amount in same day funds equal to the excess of the amount of such honored drawing over the aggregate amount of such Revolving Loans, if any, which are so received. Nothing in this Section 2.04(d) 2.10 shall be deemed to relieve any Lender with a Revolving Commitment from its obligation to make Revolving Loans on the terms and conditions set forth herein, and each Borrower the Borrowers shall retain any and all rights it may have against any such Lender resulting from the failure of such Lender to make such Revolving Loans under this Section 2.04(d)2.10.
Appears in 1 contract
Reimbursement by the Borrowers of Amounts Drawn or Paid Under Letters of Credit. In the event an Issuing Bank has determined to honor a drawing under a Letter of Credit, it shall immediately notify the Borrower Representative, the Revolving Administrative Agent, Borrowers and the Administrative Agent, and the applicable Borrower Borrowers shall reimburse the such Issuing Bank on or before the Business Day immediately following the date on which such drawing is honored (the “Reimbursement Date”) in an amount in Dollars (or Canadian Dollars, as applicable) and in same day funds equal to the amount of such honored drawing; provided that with respect to any reimbursement obligations of the U.S. Borrower arising from the presentment to the Issuing Bank of a draft under a U.S. Letter of Credit denominated in Canadian Dollars, the U.S. Borrower may make payment in Canadian Dollars only if such payment is received by the Issuing Bank on the date such draft is paid by the Issuing Bank and shall make payment thereafter in the Dollar Equivalent of such draft (as determined by the Issuing Bank on the date such draft is paid); provided, that anything contained herein to the contrary notwithstanding, (i) unless the Borrower Representative Borrowers shall have notified the Revolving Administrative Agent, the Administrative Agent and the applicable Issuing Bank prior to 10:00 11:00 a.m. (New York City time) on the date such drawing is honored that the applicable Borrower intends Borrowers intend to reimburse the such Issuing Bank for the amount of such honored drawing with funds other than the proceeds of Revolving Loans, the applicable Borrower Borrowers shall be deemed to have given a timely Borrowing Funding Notice to the Revolving Administrative Agent requesting (x) with respect to any U.S. Letter of Credit, that the Lenders with U.S. Revolving Commitments to make U.S. Revolving Loans that are Base Rate Loans on the Reimbursement Date in an amount in Dollars equal to the Dollar Equivalent of the amount of such honored drawing or (y) with respect to any Canadian Letter of Credit, that Lenders with Canadian Revolving Commitments make Canadian Revolving Loans that are Base Rate Loans or Canadian Prime Rate Loans, as applicable, on the Reimbursement Date in an amount in Canadian Dollars equal to the amount of such honored drawing, and (ii) subject to satisfaction or waiver of the conditions specified in Section 3.025.2, such the Lenders with Revolving Commitments shall, on the Reimbursement Date, make such Revolving Loans that are Base Rate Loans or Canadian Prime Rate Loans, as applicable, in the Dollar Equivalent amount of such honored drawing (or the Canadian Dollar amount as applicable with respect to Canadian Prime Rate Loans)drawing, the proceeds of which shall be applied directly by the Revolving Administrative Agent to reimburse the applicable Issuing Bank for the amount of such honored drawing; provided, and provided further, that if for any reason proceeds of Revolving Loans are not received by such the applicable Issuing Bank on the Reimbursement Date in an amount equal to the amount of such honored drawing, the applicable Borrower Borrowers shall reimburse such Issuing Bank, on demand, in an amount in same day funds equal to the excess of the amount of such honored drawing over the aggregate amount of such Revolving Loans, if any, which are so received. Nothing in this Section 2.04(d2.3(d) shall be deemed to relieve any Lender with a Revolving Commitment from its obligation to make Revolving Loans on the terms and conditions set forth herein, and each Borrower the Borrowers shall retain any and all rights it may have against any such Lender resulting from the failure of such Lender to make such Revolving Loans under this Section 2.04(d2.3(d).
Appears in 1 contract
Reimbursement by the Borrowers of Amounts Drawn or Paid Under Letters of Credit. (i) In the event an Issuing Bank has determined to honor a drawing under a U.S. Letter of Credit or Canadian Letter of Credit, it shall immediately notify the U.S. Borrower Representative, the Revolving Administrative Agent, and the Administrative Agent, and the applicable U.S. Borrower shall reimburse the applicable Issuing Bank on or before the Business Day immediately following the date on which such drawing notice is honored received by the U.S. Borrower (the “Reimbursement Date”) in an amount in Dollars (or Canadian Dollars, as applicable) the Approved Currency in which such Letter of Credit was issued and in same day funds equal to the amount of such honored drawing; provided that with respect to any reimbursement obligations of the U.S. Borrower arising from the presentment to the Issuing Bank of a draft under a U.S. Letter of Credit denominated in Canadian Dollars, the U.S. Borrower may make payment in Canadian Dollars only if such payment is received by the Issuing Bank on the date such draft is paid by the Issuing Bank and shall make payment thereafter in the Dollar Equivalent of such draft (as determined by the Issuing Bank on the date such draft is paid); provided, that anything contained herein to the contrary notwithstanding, (ix) unless the U.S. Borrower Representative shall have notified the Revolving Administrative Agent, the Administrative Agent and the applicable Issuing Bank prior to 10:00 a.m. (New York City time) on the date such drawing is honored Reimbursement Date that the applicable U.S. Borrower intends to reimburse the applicable Issuing Bank for the amount of such honored drawing with funds other than the proceeds of Revolving Loans, the applicable Borrower Representative shall be deemed to have given a timely Borrowing Notice to the Revolving Administrative Agent requesting (xA) with respect to any in the case of a U.S. Letter of Credit, that Lenders with U.S. Revolving Commitments to make U.S. Revolving Loans that are Base Rate Loans on the Reimbursement Date in an amount in Dollars equal to the Dollar Equivalent of the amount of such honored drawing or and (yB) with respect to any in the case of a Canadian Letter of Credit, that Lenders with Canadian Revolving Commitments to make Canadian Revolving Loans that are Base Canadian Prime Rate Loans or Canadian Prime Base Rate Loans, as applicable, on the Reimbursement Date in an amount in Canadian Dollars or Dollars, as applicable, equal to the amount of such honored drawingdrawing (provided that, in respect of any honored drawing in an amount less than $250,000 (or the Foreign Currency Equivalent), the U.S. Borrower shall reimburse the applicable Issuing Bank for such amount in cash and shall not be entitled to reimburse such drawing in accordance with this clause (x)) and (iiy) subject to satisfaction or waiver of the conditions specified in Section 3.02, such (A) Lenders with U.S. Revolving Commitments shall, on the Reimbursement DateDate for any U.S. Letter of Credit, make such U.S. Revolving Loans that are Base Rate Loans or in the amount of such honored drawing and (B) Lenders with Canadian Revolving Commitments shall, on the Reimbursement Date for any Canadian Letter of Credit, make Canadian Revolving Loans that are Canadian Prime Rate Loans or Base Rate Loans, as applicable, in the Dollar Equivalent an amount of such honored drawing (or the Canadian Dollar amount as applicable with respect to Canadian Prime Rate Loans)drawing, in each case, the proceeds of which shall be applied directly by the Revolving Administrative Agent to reimburse the applicable Issuing Bank for the amount of such honored drawing; provided, further, that if for any reason proceeds of Revolving Loans are not received by such the applicable Issuing Bank on the Reimbursement Date in an amount equal to the amount of such honored drawing, the applicable U.S. Borrower shall reimburse such the Issuing Bank, on demand, in an amount in same day funds equal to the excess of the amount of such honored drawing over the aggregate amount of such Revolving Loans, if any, which are so received.
(ii) In the event the Issuing Bank has determined to honor a drawing under a European Letter of Credit, it shall immediately notify the applicable Foreign Subsidiary, the European Borrower and the Administrative Agent, and the European Borrower shall reimburse the Issuing Bank on or before the Reimbursement Date in an amount in the Approved Currency in which such Letter of Credit was issued and in same day funds equal to the amount of such honored drawing; provided, that anything contained herein to the contrary notwithstanding, (x) unless the European Borrower shall have notified the Administrative Agent and the Issuing Bank prior to 10:00 a.m. (London, England time) on the Reimbursement Date that the European Borrower intends to reimburse the Issuing Bank for the amount of such honored drawing with funds other than the proceeds of Revolving Loans, the Borrower Representative shall be deemed to have given a timely Borrowing Notice to the Administrative Agent requesting Lenders with European Revolving Commitments to make European Revolving Loans that are Eurocurrency Rate Loans with an Interest Period of one month on the Reimbursement Date in an amount in the applicable Approved Currency equal to the amount of such honored drawing (provided that, in respect of any honored drawing in an amount less than €250,000, the European Borrower shall reimburse the applicable Issuing Bank for such amount in cash and shall not be entitled to reimburse such drawing in accordance with this clause (x)), and (y) subject to satisfaction or waiver of the conditions specified in Section 3.02, Lenders with European Revolving Commitments shall, on the Reimbursement Date for any European Letter of Credit, make European Revolving Loans that are Eurocurrency Rate Loans with an Interest Period of one month in the amount of such honored drawing, the proceeds of which shall be applied directly by the Administrative Agent to reimburse the Issuing Bank for the amount of such honored drawing; provided, further, that if for any reason proceeds of European Revolving Loans are not received by the Issuing Bank on the Reimbursement Date in an amount equal to the amount of such honored drawing, the European Borrower shall reimburse the Issuing Bank, on demand, in an amount in same day funds equal to the excess of the amount of such honored drawing over the aggregate amount of such European Revolving Loans, if any, which are so received. Notwithstanding the foregoing, with respect to the drawing of any European Letter of Credit in an Approved Issuing Currency which is not an Approved Currency, unless the European Borrower has notified such Issuing Bank that it intends to reimburse the Issuing Bank on before the Reimbursement Date (and does so reimburse), the applicable Issuing Bank shall convert the European Borrower’s obligations under this Section 2.04(d) into an obligation in Euros (which shall be computed by the applicable Issuing Bank based on the Exchange Rate in effect for the date on which such conversion occurs). Nothing in this Section 2.04(d) shall be deemed to relieve any Lender with a Revolving Commitment from its obligation to make Revolving Loans on the terms and conditions set forth herein, and each Borrower shall retain any and all rights it may have against any such Lender resulting from the failure of such Lender to make such Revolving Loans under this Section 2.04(d). For the avoidance of doubt, each Lender’s obligation to fund Revolving Loans pursuant to this clause (d) shall be subject to Section 2.05(a).
Appears in 1 contract
Samples: Credit Agreement (PVH Corp. /De/)
Reimbursement by the Borrowers of Amounts Drawn or Paid Under Letters of Credit. (i) In the event an Issuing Bank has determined to honor a drawing under a U.S. Letter of Credit or Canadian Letter of Credit, it shall immediately notify the U.S. Borrower Representative, the Revolving Administrative Agent, and the Administrative Agent, and the applicable U.S. Borrower shall reimburse the applicable Issuing Bank on or before the Business Day immediately following the date on which such drawing notice is honored received by the U.S. Borrower (the “Reimbursement Date”) in an amount in Dollars (or Canadian Dollars, as applicable) the Approved Currency in which such Letter of Credit was issued and in same day funds equal to the amount of such honored drawing; provided that with respect to any reimbursement obligations of the U.S. Borrower arising from the presentment to the Issuing Bank of a draft under a U.S. Letter of Credit denominated in Canadian Dollars, the U.S. Borrower may make payment in Canadian Dollars only if such payment is received by the Issuing Bank on the date such draft is paid by the Issuing Bank and shall make payment thereafter in the Dollar Equivalent of such draft (as determined by the Issuing Bank on the date such draft is paid); provided, that anything contained herein to the contrary notwithstanding, (ix) unless the U.S. Borrower Representative shall have notified the Revolving Administrative Agent, the Administrative Agent and the applicable Issuing Bank prior to 10:00 a.m. (New York City time) on the date such drawing is honored Reimbursement Date that the applicable U.S. Borrower intends to reimburse the applicable Issuing Bank for the amount of such honored drawing with funds other than the proceeds of Revolving Loans, the applicable Borrower Representative shall be deemed to have given a timely Borrowing Notice to the Revolving Administrative Agent requesting (xA) with respect to any in the case of a U.S. Letter NY\5627635.16 of Credit, that Lenders with U.S. Revolving Commitments to make U.S. Revolving Loans that are Base Rate Loans on the Reimbursement Date in an amount in Dollars equal to the Dollar Equivalent of the amount of such honored drawing or and (yB) with respect to any in the case of a Canadian Letter of Credit, that Lenders with Canadian Revolving Commitments to make Canadian Revolving Loans that are Base Canadian Prime Rate Loans or Canadian Prime Base Rate Loans, as applicable, on the Reimbursement Date in an amount in Canadian Dollars or Dollars, as applicable, equal to the amount of such honored drawingdrawing (provided that, in respect of any honored drawing in an amount less than $250,000 (or the Canadian Dollar equivalent), the U.S. Borrower shall reimburse the applicable Issuing Bank for such amount in cash and shall not be entitled to reimburse such drawing in accordance with this clause (x)) and (iiy) subject to satisfaction or waiver of the conditions specified in Section 3.02, such (A) Lenders with U.S. Revolving Commitments shall, on the Reimbursement DateDate for any U.S. Letter of Credit, make such U.S. Revolving Loans that are Base Rate Loans or in the amount of such honored drawing and (B) Lenders with Canadian Revolving Commitments shall, on the Reimbursement Date for any Canadian Letter of Credit, make Canadian Revolving Loans that are Canadian Prime Rate Loans or Base Rate Loans, as applicable, in the Dollar Equivalent an amount of such honored drawing (or the Canadian Dollar amount as applicable with respect to Canadian Prime Rate Loans)drawing, in each case, the proceeds of which shall be applied directly by the Revolving Administrative Agent to reimburse the applicable Issuing Bank for the amount of such honored drawing; provided, further, that if for any reason proceeds of Revolving Loans are not received by such the applicable Issuing Bank on the Reimbursement Date in an amount equal to the amount of such honored drawing, the applicable U.S. Borrower shall reimburse such the Issuing Bank, on demand, in an amount in same day funds equal to the excess of the amount of such honored drawing over the aggregate amount of such Revolving Loans, if any, which are so received.
(ii) In the event the Issuing Bank has determined to honor a drawing under a European Letter of Credit, it shall immediately notify the applicable Foreign Subsidiary, the European Borrower and the Administrative Agent, and the European Borrower shall reimburse the Issuing Bank on or before the Reimbursement Date in an amount in the Approved Currency in which such Letter of Credit was issued and in same day funds equal to the amount of such honored drawing; provided, that anything contained herein to the contrary notwithstanding, (i) unless the European Borrower shall have notified the Administrative Agent and the Issuing Bank prior to 10:00 a.m. (London, England time) on the Reimbursement Date that the European Borrower intends to reimburse the Issuing Bank for the amount of such honored drawing with funds other than the proceeds of Revolving Loans, the Borrower Representative shall be deemed to have given a timely Borrowing Notice to the Administrative Agent requesting Lenders with European Revolving Commitments to make European Revolving Loans that are Eurocurrency Rate Loans with an Interest Period of one month on the Reimbursement Date in an amount in the applicable Approved Currency equal to the amount of such honored drawing (provided that, in respect of any honored drawing in an amount less than €250,000, the European Borrower shall reimburse the applicable Issuing Bank for such amount in cash and shall not be entitled to reimburse such drawing in accordance with this clause (i)), and (ii) subject to satisfaction or waiver of the conditions specified in Section 3.02, Lenders with European Revolving Commitments shall, on the Reimbursement Date for any European Letter of Credit, make European Revolving Loans that are Eurocurrency Rate Loans with an Interest Period of one NY\5627635.16 month in the amount of such honored drawing, the proceeds of which shall be applied directly by the Administrative Agent to reimburse the Issuing Bank for the amount of such honored drawing; provided, further, that if for any reason proceeds of European Revolving Loans are not received by the Issuing Bank on the Reimbursement Date in an amount equal to the amount of such honored drawing, the European Borrower shall reimburse the Issuing Bank, on demand, in an amount in same day funds equal to the excess of the amount of such honored drawing over the aggregate amount of such European Revolving Loans, if any, which are so received. Nothing in this Section 2.04(d) shall be deemed to relieve any Lender with a Revolving Commitment from its obligation to make Revolving Loans on the terms and conditions set forth herein, and each Borrower shall retain any and all rights it may have against any such Lender resulting from the failure of such Lender to make such Revolving Loans under this Section 2.04(d).
Appears in 1 contract
Reimbursement by the Borrowers of Amounts Drawn or Paid Under Letters of Credit. (i) In the event an Issuing Bank has determined to honor a drawing under a U.S. Letter of Credit or Canadian Letter of Credit, it shall immediately notify the U.S. Borrower Representative, the Revolving Administrative Agent, and the Administrative Agent, and the applicable U.S. Borrower shall reimburse the applicable Issuing Bank on or before the Business Day immediately following the date on which such drawing notice is honored received by the U.S. Borrower (the “Reimbursement Date”) in an amount in Dollars (or Canadian Dollars, as applicable) the Approved Currency in which such Letter of Credit was issued and in same day funds equal to the amount of such honored drawing; provided that with respect to any reimbursement obligations of the U.S. Borrower arising from the presentment to the Issuing Bank of a draft under a U.S. Letter of Credit denominated in Canadian Dollars, the U.S. Borrower may make payment in Canadian Dollars only if such payment is received by the Issuing Bank on the date such draft is paid by the Issuing Bank and shall make payment thereafter in the Dollar Equivalent of such draft (as determined by the Issuing Bank on the date such draft is paid); provided, that anything contained herein to the contrary notwithstanding, (ix) unless the U.S. Borrower Representative shall have notified the Revolving Administrative Agent, the Administrative Agent and the applicable Issuing Bank prior to 10:00 a.m. (New York City time) on the date such drawing is honored Reimbursement Date that the applicable U.S. Borrower intends to reimburse the applicable Issuing Bank for the amount of such honored drawing with funds other than the proceeds of Revolving Loans, the applicable Borrower Representative shall be deemed to have given a timely Borrowing Notice to the Revolving Administrative Agent requesting (xA) with respect to any in the case of a U.S. Letter of Credit, that Lenders with U.S. Revolving Commitments to make U.S. Revolving Loans that are Base Rate Loans on the Reimbursement Date in an amount in Dollars equal to the Dollar Equivalent of the amount of such honored drawing or and (yB) with respect to any in the case of a Canadian Letter of Credit, that Lenders with Canadian Revolving Commitments to make Canadian Revolving Loans that are Base Canadian Prime Rate Loans or Canadian Prime Base Rate Loans, as applicable, on the Reimbursement Date in an amount in Canadian Dollars or Dollars, as applicable, equal to the amount of such honored drawingdrawing (provided that, in respect of any honored drawing in an amount less than $250,000 (or the Canadian Dollar equivalent), the U.S. Borrower shall reimburse the applicable Issuing Bank for such amount in cash and shall not be entitled to reimburse such drawing in accordance with this clause (x)) and (iiy) subject to satisfaction or waiver of the conditions specified in Section 3.02, such (A) Lenders with U.S. Revolving Commitments shall, on the Reimbursement DateDate for any U.S. Letter of Credit, make such U.S. Revolving Loans that are Base Rate Loans or in the amount of such honored drawing and (B) Lenders with Canadian Revolving Commitments shall, on the Reimbursement Date for any Canadian Letter of Credit, make Canadian Revolving Loans that are Canadian Prime Rate Loans or Base Rate Loans, as applicable, in the Dollar Equivalent an amount of such honored drawing (or the Canadian Dollar amount as applicable with respect to Canadian Prime Rate Loans)drawing, in each case, the proceeds of which shall be applied directly by the Revolving Administrative Agent to reimburse the applicable Issuing Bank for the amount of such honored drawing; provided, further, that if for any reason proceeds of Revolving Loans are not received by such the applicable Issuing Bank on the Reimbursement Date in an amount equal to the amount of such honored drawing, the applicable U.S. Borrower shall reimburse such the Issuing Bank, on demand, in an amount in same day funds equal to the excess of the amount of such honored drawing over the aggregate amount of such Revolving Loans, if any, which are so received.
(ii) In the event the Issuing Bank has determined to honor a drawing under a European Letter of Credit, it shall immediately notify the applicable Foreign Subsidiary, the European Borrower and the Administrative Agent, and the European Borrower shall reimburse the Issuing Bank on or before the Reimbursement Date in an amount in the Approved Currency in which such Letter of Credit was issued and in same day funds equal to the amount of such honored drawing; provided, that anything contained herein to the contrary notwithstanding, (i) unless the European Borrower shall have notified the Administrative Agent and the Issuing Bank prior to 10:00 a.m. (London, England time) on the Reimbursement Date that the European Borrower intends to reimburse the Issuing Bank for the amount of such honored drawing with funds other than the proceeds of Revolving Loans, the Borrower Representative shall be deemed to have given a timely Borrowing Notice to the Administrative Agent requesting Lenders with European Revolving Commitments to make European Revolving Loans that are Eurocurrency Rate Loans with an Interest Period of one month on the Reimbursement Date in an amount in the applicable Approved Currency equal to the amount of such honored drawing (provided that, in respect of any honored drawing in an amount less than €250,000, the European Borrower shall reimburse the applicable Issuing Bank for such amount in cash and shall not be entitled to reimburse such drawing in accordance with this clause (i)), and (ii) subject to satisfaction or waiver of the conditions specified in Section 3.02, Lenders with European Revolving Commitments shall, on the Reimbursement Date for any European Letter of Credit, make European Revolving Loans that are Eurocurrency Rate Loans with an Interest Period of one month in the amount of such honored drawing, the proceeds of which shall be applied directly by the Administrative Agent to reimburse the Issuing Bank for the amount of such honored drawing; provided, further, that if for any reason proceeds of European Revolving Loans are not received by the Issuing Bank on the Reimbursement Date in an amount equal to the amount of such honored drawing, the European Borrower shall reimburse the Issuing Bank, on demand, in an amount in same day funds equal to the excess of the amount of such honored drawing over the aggregate amount of such European Revolving Loans, if any, which are so received. Nothing in this Section 2.04(d) shall be deemed to relieve any Lender with a Revolving Commitment from its obligation to make Revolving Loans on the terms and conditions set forth herein, and each Borrower shall retain any and all rights it may have against any such Lender resulting from the failure of such Lender to make such Revolving Loans under this Section 2.04(d).
Appears in 1 contract
Samples: Credit Agreement (PVH Corp. /De/)
Reimbursement by the Borrowers of Amounts Drawn or Paid Under Letters of Credit. In the event an Issuing Bank has determined to honor a drawing under a Letter of Credit, it shall immediately notify the applicable Borrower Representative, the Revolving Administrative Agent, and the Administrative Agent, and the applicable Borrower Borrowers shall reimburse the such Issuing Bank on or before the Business Day immediately following the date on which such drawing is honored (the “Reimbursement Date”) in an amount in Dollars (or Canadian Dollars, as applicable) and in same day funds equal to the amount of such honored drawing; provided that with respect to any reimbursement obligations of the U.S. Borrower arising from the presentment to the Issuing Bank of a draft under a U.S. Letter of Credit denominated in Canadian Dollars, the U.S. Borrower may make payment in Canadian Dollars only if such payment is received by the Issuing Bank on the date such draft is paid by the Issuing Bank and shall make payment thereafter in the Dollar Equivalent of such draft (as determined by the Issuing Bank on the date such draft is paid); provided, that anything contained herein to the contrary notwithstanding, (i) unless the Borrower Representative Borrowers shall have notified the Revolving Administrative Agent, the Administrative Agent and the applicable Issuing Bank prior to 10:00 11:00 a.m. (New York City time) on the date such drawing is honored that the applicable Borrower intends Borrowers intend to reimburse the such Issuing Bank for the amount of such honored drawing with funds other than the proceeds of Revolving Loans, the applicable Borrower Borrowers shall be deemed to have given a timely Borrowing Funding Notice to the Revolving Administrative Agent requesting (x) with respect to any U.S. Letter of Credit, that the Lenders with U.S. Revolving Commitments to make U.S. Revolving Loans that are Base Rate Loans on the Reimbursement Date in an amount in Dollars equal to the Dollar Equivalent of the amount of such honored drawing or (y) with respect to any Canadian Letter of Credit, that Lenders with Canadian Revolving Commitments make Canadian Revolving Loans that are Base Rate Loans or Canadian Prime Rate Loans, as applicable, on the Reimbursement Date in an amount in Canadian Dollars equal to the amount of such honored drawing, and (ii) subject to satisfaction or waiver of the conditions specified in Section 3.024.2, such the Lenders with Revolving Commitments shall, on the Reimbursement Date, make such Revolving Loans that are Base Rate Loans or Canadian Prime Rate Loans, as applicable, in the Dollar Equivalent amount of such honored drawing (or the Canadian Dollar amount as applicable with respect to Canadian Prime Rate Loans)drawing, the proceeds of which shall be applied directly by the Revolving Administrative Agent to reimburse the applicable Issuing Bank for the amount of such honored drawing; provided, and provided further, that if for any reason proceeds of Revolving Loans are not received by such the applicable Issuing Bank on the Reimbursement Date in an amount equal to the amount of such honored drawing, the applicable Borrower Borrowers shall reimburse such Issuing Bank, on demand, in an amount in same day funds equal to the excess of the amount of such honored drawing over the aggregate amount of such Revolving Loans, if any, which are so received. Nothing in this Section 2.04(d2.3(d) shall be deemed to relieve any Lender with a Revolving Commitment from its obligation to make Revolving Loans on the terms and conditions set forth herein, and each Borrower of the Borrowers shall retain any and all rights it may have against any such Lender resulting from the failure of such Lender to make such Revolving Loans under this Section 2.04(d2.3(d).
Appears in 1 contract
Samples: Credit Agreement (Heckmann CORP)
Reimbursement by the Borrowers of Amounts Drawn or Paid Under Letters of Credit. (i) In the event an Issuing Bank has determined to honor a drawing under a U.S. Letter of Credit or Canadian Letter of Credit, it shall immediately notify the U.S. Borrower Representative, the Revolving Administrative Agent, and the Administrative Agent, and the applicable U.S. Borrower shall reimburse the applicable Issuing Bank on or before the Business Day immediately following the date on which such drawing notice is honored received by the U.S. Borrower (the “Reimbursement Date”) in an amount in Dollars (or Canadian Dollars, as applicable) the Approved Currency in which such Letter of Credit was issued and in same day funds equal to the amount of such honored drawing; provided that with respect to any reimbursement obligations of the U.S. Borrower arising from the presentment to the Issuing Bank of a draft under a U.S. Letter of Credit denominated in Canadian Dollars, the U.S. Borrower may make payment in Canadian Dollars only if such payment is received by the Issuing Bank on the date such draft is paid by the Issuing Bank and shall make payment thereafter in the Dollar Equivalent of such draft (as determined by the Issuing Bank on the date such draft is paid); provided, that anything contained herein to the contrary notwithstanding, (ix) unless the U.S. Borrower Representative shall have notified the Revolving Administrative Agent, the Administrative Agent and the applicable Issuing Bank prior to 10:00 a.m. (New York City time) on the date such drawing is honored Reimbursement Date that the applicable U.S. Borrower intends to reimburse the applicable Issuing Bank for the amount of such honored drawing with funds other than the proceeds of Revolving Loans, the applicable Borrower Representative shall be deemed to have given a timely Borrowing Notice to the Revolving Administrative Agent requesting (xA) with respect to any in the case of a U.S. Letter of Credit, that Lenders with U.S. Revolving Commitments to make U.S. Revolving Loans that are Base Rate Loans on the Reimbursement Date in an amount in Dollars equal to the Dollar Equivalent of the amount of such honored drawing or and (yB) with respect to any in the case of a Canadian Letter of Credit, that Lenders with Canadian Revolving Commitments to make Canadian Revolving Loans that are Base Canadian Prime Rate Loans or Canadian Prime Base Rate Loans, as applicable, on the Reimbursement Date in an amount in Canadian Dollars or Dollars, as applicable, equal to the amount of such honored drawingNY\6180200.13 drawing (provided that, in respect of any honored drawing in an amount less than $250,000 (or the Canadian Dollar equivalent), the U.S. Borrower shall reimburse the applicable Issuing Bank for such amount in cash and shall not be entitled to reimburse such drawing in accordance with this clause (x)) and (iiy) subject to satisfaction or waiver of the conditions specified in Section 3.02, such (A) Lenders with U.S. Revolving Commitments shall, on the Reimbursement DateDate for any U.S. Letter of Credit, make such U.S. Revolving Loans that are Base Rate Loans or in the amount of such honored drawing and (B) Lenders with Canadian Revolving Commitments shall, on the Reimbursement Date for any Canadian Letter of Credit, make Canadian Revolving Loans that are Canadian Prime Rate Loans or Base Rate Loans, as applicable, in the Dollar Equivalent an amount of such honored drawing (or the Canadian Dollar amount as applicable with respect to Canadian Prime Rate Loans)drawing, in each case, the proceeds of which shall be applied directly by the Revolving Administrative Agent to reimburse the applicable Issuing Bank for the amount of such honored drawing; provided, further, that if for any reason proceeds of Revolving Loans are not received by such the applicable Issuing Bank on the Reimbursement Date in an amount equal to the amount of such honored drawing, the applicable U.S. Borrower shall reimburse such the Issuing Bank, on demand, in an amount in same day funds equal to the excess of the amount of such honored drawing over the aggregate amount of such Revolving Loans, if any, which are so received.
(ii) In the event the Issuing Bank has determined to honor a drawing under a European Letter of Credit, it shall immediately notify the applicable Foreign Subsidiary, the European Borrower and the Administrative Agent, and the European Borrower shall reimburse the Issuing Bank on or before the Reimbursement Date in an amount in the Approved Currency in which such Letter of Credit was issued and in same day funds equal to the amount of such honored drawing; provided, that anything contained herein to the contrary notwithstanding, (i) unless the European Borrower shall have notified the Administrative Agent and the Issuing Bank prior to 10:00 a.m. (London, England time) on the Reimbursement Date that the European Borrower intends to reimburse the Issuing Bank for the amount of such honored drawing with funds other than the proceeds of Revolving Loans, the Borrower Representative shall be deemed to have given a timely Borrowing Notice to the Administrative Agent requesting Lenders with European Revolving Commitments to make European Revolving Loans that are Eurocurrency Rate Loans with an Interest Period of one month on the Reimbursement Date in an amount in the applicable Approved Currency equal to the amount of such honored drawing (provided that, in respect of any honored drawing in an amount less than €250,000, the European Borrower shall reimburse the applicable Issuing Bank for such amount in cash and shall not be entitled to reimburse such drawing in accordance with this clause (i)), and (ii) subject to satisfaction or waiver of the conditions specified in Section 3.02, Lenders with European Revolving Commitments shall, on the Reimbursement Date for any European Letter of Credit, make European Revolving Loans that are Eurocurrency Rate Loans with an Interest Period of one month in the amount of such honored drawing, the proceeds of which shall be applied directly by the Administrative Agent to reimburse the Issuing Bank for the amount of such honored drawing; provided, further, that if for any reason proceeds of European Revolving Loans are not received by the Issuing Bank on the Reimbursement Date in an amount equal to the amount of such honored drawing, the European Borrower shall reimburse the Issuing Bank, on demand, in an amount in same day funds equal to the excess of the amount of such honored drawing over the aggregate amount of such European Revolving Loans, if any, which are so received. NY\6180200.13 Nothing in this Section 2.04(d) shall be deemed to relieve any Lender with a Revolving Commitment from its obligation to make Revolving Loans on the terms and conditions set forth herein, and each Borrower shall retain any and all rights it may have against any such Lender resulting from the failure of such Lender to make such Revolving Loans under this Section 2.04(d).
Appears in 1 contract
Samples: Credit Agreement (PVH Corp. /De/)