Reimbursement Obligation of the Borrower. The Borrower agrees to reimburse each Issuing Lender on the Business Day following the date on which such Issuing Lender notifies the Borrower of the date and amount of a draft presented under any Letter of Credit issued or continued by such Issuing Lender at the Borrower’s request (including any Letters of Credit issued for the account of a Restricted Subsidiary and the Existing Letters of Credit) and paid by such Issuing Lender for the amount of such draft so paid. Each such payment shall be made to such Issuing Lender at its address for notices specified to the Borrower in Dollars and in immediately available funds. Interest shall be payable on any such amounts from the date on which the relevant draft is paid until payment in full at a rate equal to (i) until the second Business Day next succeeding the date of the relevant notice (which notice shall be provided on the date the relevant draft is paid), the rate applicable to ABR Loans that are Tranche A Revolving Loans and (ii) thereafter, the rate set forth in Section 2.15(c). In the case of any such reimbursement in Dollars with respect to a Letter of Credit denominated in a Permitted Foreign Currency, the applicable Issuing Lender shall notify the Borrower of the Dollar Equivalent of the amount of the draft so paid promptly following the determination thereof.
Appears in 6 contracts
Samples: Amendment No. 8 (Revlon Consumer Products Corp), Credit Agreement (Revlon Consumer Products Corp), Asset Based Revolving Credit Agreement (Revlon Consumer Products Corp)
Reimbursement Obligation of the Borrower. The Borrower agrees to reimburse each Issuing Lender on the Business Day following the date on which such Issuing Lender notifies the Borrower of the date and amount of a draft presented under any Letter of Credit issued or continued by such Issuing Lender at the Borrower’s request (including any Letters of Credit issued for the account of a Restricted Subsidiary and the Existing Letters of Credit) and paid by such Issuing Lender for the amount of (a) such draft so paidpaid and (b) any taxes, fees, charges or other costs or expenses incurred by such Issuing Lender in connection with such payment (the amounts described in the foregoing clauses (a) and (b) in respect of any drawing, collectively, the “Payment Amount”); provided that if such notice is given to the Borrower before 11:00 A.M., New York City time, the Borrower agrees to reimburse such Issuing Lender on the Business Day when such notification was given. Each such payment shall be made to such Issuing Lender at its address for notices specified to the Borrower in Dollars and in immediately available funds. Interest shall be payable on any such amounts from the date on which the relevant draft is paid until payment in full at a rate equal to (i) until the second Business Day next succeeding the date of the relevant notice (which notice shall be provided on the date the relevant draft is paid)notice, the rate applicable to ABR Loans that are Tranche A under the Revolving Loans Facility and (ii) thereafter, the rate set forth in Section 2.15(c). In the case of any such reimbursement in Dollars with respect to a Letter of Credit denominated in a Permitted Foreign Currency, the applicable Issuing Lender shall notify the Borrower of the Dollar Equivalent of the amount of the draft so paid promptly following the determination thereof.
Appears in 5 contracts
Samples: Credit Agreement (Wesco Aircraft Holdings, Inc), Credit Agreement (Wesco Aircraft Holdings, Inc), Credit Agreement (Wesco Aircraft Holdings, Inc)
Reimbursement Obligation of the Borrower. The Borrower agrees to reimburse each Issuing Lender in respect of any drawing under a Letter of Credit on the immediately succeeding Business Day following receipt of notice by the date on which Borrower from such Issuing Lender notifies the Borrower of a drawing under a Letter of Credit and the date and amount of a the relevant draft presented under any such Letter of Credit issued or continued by (which reimbursement shall include interest from the date on which the relevant draft is paid until such Issuing Lender immediately succeeding Business Day at a rate equal to the Borrower’s request (including any Letters of Credit issued for rate applicable to ABR Loans under the account of a Restricted Subsidiary and the Existing Letters of Credit) and paid by such Issuing Lender for the amount of such draft so paidRevolving Facility). Each such payment shall be made to such Issuing Lender at its address for notices specified to the Borrower in Dollars and in immediately available funds. Interest If the Borrower fails to reimburse in whole or in part any Issuing Lender by the time set forth in the first sentence of this Section 3.5, the Borrower shall be payable on any such amounts from the date on which the relevant draft is paid until payment in full at deemed to have requested a rate equal Revolving Loan of ABR Loans to (i) until the second Business Day next succeeding the date of the relevant notice (which notice shall be provided disbursed on the date the relevant draft is paid), the rate applicable to ABR Loans that are Tranche A Revolving Loans and (ii) thereafter, the rate set forth in Section 2.15(c). In the case of any such reimbursement is due in Dollars with respect an amount equal to a Letter of Credit denominated in a Permitted Foreign Currency, the applicable Issuing Lender shall notify the Borrower of the Dollar Equivalent of the amount of the draft so paid promptly following the determination thereofsuch outstanding reimbursement.
Appears in 3 contracts
Samples: Credit Agreement (Macquarie Infrastructure Corp), Credit Agreement (Macquarie Infrastructure Corp), Credit Agreement (Macquarie Infrastructure CO LLC)
Reimbursement Obligation of the Borrower. (i) Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, each Issuing Bank shall notify the Borrower and the Administrative Agent thereof. The Borrower hereby agrees to reimburse each Issuing Lender on Bank (through the Business Day following the date on which such Issuing Lender notifies Administrative Agent) upon receipt by the Borrower of notice from the applicable Issuing Bank of the date and amount of a draft presented under any Letter of Credit issued or continued by such Issuing Lender at the Borrower’s request (including any Letters of Credit issued for the account of a Restricted Subsidiary and the Existing Letters of Credit) on its behalf and paid by such Issuing Lender Bank, for the amount of such draft so paidpaid and any fees, charges or other costs or expenses reasonably Incurred by such Issuing Bank in connection with such payment. Each such payment shall be made to such the Administrative Agent for the account of the applicable Issuing Lender Bank at its address for notices specified to the Borrower in Dollars Administrative Agent Office and in immediately available funds. , no later than 3:00 P.M., New York City time, on the next succeeding Business Day after the date on which the Borrower receives such notice.
(ii) Interest shall be payable on any such and all amounts remaining unpaid by the applicable Borrower (or by the Borrower on behalf of the applicable Borrower) under this subsection 2.7(e)(ii) from the date the draft presented under the affected Letter of Credit is paid to the date on which the relevant draft applicable Borrower is paid required to pay such amounts pursuant to paragraph (i) above at the rate which would then be payable on any outstanding ABR Loans that are Revolving Loans and thereafter until payment in full at a rate equal to (i) until the second Business Day next succeeding the date of the relevant notice (which notice shall be provided on the date the relevant draft is paid), the rate applicable to which would be payable on any outstanding ABR Loans that are Tranche A Revolving Loans and (ii) thereafter, the rate set forth in Section 2.15(c). In the case of any such reimbursement in Dollars with respect to a Letter of Credit denominated in a Permitted Foreign Currency, the applicable Issuing Lender shall notify the Borrower of the Dollar Equivalent of the amount of the draft so paid promptly following the determination thereofwhich were then overdue.
Appears in 3 contracts
Samples: Credit Agreement (Frontdoor, Inc.), Credit Agreement (Frontdoor, Inc.), Credit Agreement (Servicemaster Global Holdings Inc)
Reimbursement Obligation of the Borrower. If any draft shall be presented for payment under any Letter of Credit, the Issuing Bank shall notify the Borrower and the Administrative Agent of the date and the amount thereof. The Borrower agrees to reimburse the Issuing Bank (whether with its own funds or, subject to the limitations on amounts set forth in subsection 2.2, with proceeds of the Loans) on each Issuing Lender on the Business Day following the date on which such the Issuing Lender notifies the Borrower of the date and amount of Bank pays a draft so presented under any Letter of Credit issued or continued by such Issuing Lender at the Borrower’s request (including any Letters of Credit issued for the account of a Restricted Subsidiary and the Existing Letters of Credit) and paid by such Issuing Lender for the amount of (i) such draft so paidpaid and (ii) any taxes, fees, charges or other costs or expenses incurred by the Issuing Bank in connection with such payment. Each such payment shall be made to such the Issuing Lender Bank at its address for notices specified to herein in lawful money of the Borrower in Dollars United States of America and in immediately available funds. Interest shall be payable on any such and all amounts remaining unpaid by the Borrower under this subsection from the date on which of payment of the relevant applicable draft is paid until payment in full at a rate equal to thereof, (ix) until for the second Business Day next succeeding period commencing on the date of payment of the relevant notice (which notice shall be provided on applicable draft to the date which is three days thereafter, at the relevant draft is paid), ABR plus the rate applicable to Applicable Margin for ABR Loans that are Tranche A Revolving Loans and (iiy) thereafter, at the rate set forth in Section 2.15(c). In ABR plus the case of any such reimbursement in Dollars with respect to a Letter of Credit denominated in a Permitted Foreign Currency, the applicable Issuing Lender shall notify the Borrower of the Dollar Equivalent of the amount of the draft so paid promptly following the determination thereofApplicable Margin for ABR Loans plus 2%.
Appears in 2 contracts
Samples: Credit Agreement (Westport Finance Co), Credit Agreement (Westport Resources Corp /Nv/)
Reimbursement Obligation of the Borrower. The Borrower agrees to reimburse each Issuing Lender in respect of any drawing under a Letter of Credit following notice of any drawing under a Letter of Credit. Not later than 11:00 a.m. on the second Business Day following immediately succeeding the date on which of any payment by the relevant Issuing Lender under a Letter of Credit, the Borrower shall reimburse such Issuing Lender notifies the Borrower of the date and in an amount of a draft presented under any Letter of Credit issued or continued by such Issuing Lender at the Borrower’s request (including any Letters of Credit issued for the account of a Restricted Subsidiary and the Existing Letters of Credit) and paid by such Issuing Lender for equal to the amount of such draft drawing as set forth above; provided that the Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.5 that such reimbursement be financed with a borrowing of ABR Loans or Eurodollar Loans in Dollars in an equivalent amount and, to the extent so paidfinanced, the Borrower’s obligation to reimburse such Issuing Lender shall be discharged and replaced by the resulting ABR Loans or Eurodollar Loans, as applicable. Each such payment shall be made to such Issuing Lender at its address for notices specified to the Borrower in Dollars and in immediately available fundsfunds whether cash on hand or proceeds of Revolving Loans as described in the proviso of the preceding sentence. Interest shall be payable on any such amounts from the date on which the relevant draft is paid until payment in full at a rate equal to (i) until the second Business Day next succeeding the date of the relevant notice (which notice shall be provided on the date the relevant draft is paid), the rate applicable to ABR Loans that are Tranche A under the Revolving Loans and (ii) thereafter, the rate set forth in Section 2.15(c). In the case of any such reimbursement in Dollars with respect to a Letter of Credit denominated in a Permitted Foreign Currency, the applicable Issuing Lender shall notify the Borrower of the Dollar Equivalent of the amount of the draft so paid promptly following the determination thereofFacility.
Appears in 2 contracts
Samples: Credit Agreement (Affinity Gaming), Credit Agreement (Affinity Gaming)
Reimbursement Obligation of the Borrower. (a) The Borrower agrees to reimburse each the Issuing Lender on the Business Day following the each date on which such the Issuing Lender notifies the Borrower of the date and amount of a draft presented under any Letter of Credit issued or continued by such Issuing Lender at the Borrower’s request (including any Letters of Credit issued for the account of a Restricted Subsidiary and the Existing Letters of Credit) and paid by such the Issuing Lender for the amount of (i) such draft so paidpaid and (ii) any taxes, fees, charges or other costs or expenses incurred by the Issuing Lender in connection with such payment. Each such payment shall be made to such the Issuing Lender at its address for notices specified to the Borrower herein in Dollars and in immediately available funds. .
(b) Interest shall be payable on any such and all amounts remaining unpaid by the Borrower under this subsection from the date on which the relevant draft is paid such amounts become payable (whether at stated maturity, by acceleration or otherwise) until payment in full at the rate which would be payable on any outstanding ABR Loans which were then overdue.
(c) Each drawing under any Letter of Credit shall constitute a rate equal request by the Borrower to (i) until the second Agent for a borrowing pursuant to subsection 2.2 of ABR Loans in the amount of such drawing. The requirement of one Business Day next succeeding Day's prior notice for an ABR Loan set forth in subsection 2.2 shall not apply to any borrowing under this subsection 3.4 in respect of a drawing under any Letter of Credit. The Borrowing Date with respect to such borrowing shall be the date of the relevant notice (which notice shall be provided on the date the relevant draft is paid), the rate applicable to ABR Loans that are Tranche A Revolving Loans and (ii) thereafter, the rate set forth in Section 2.15(c). In the case of any such reimbursement in Dollars with respect to a Letter of Credit denominated in a Permitted Foreign Currency, the applicable Issuing Lender shall notify the Borrower of the Dollar Equivalent of the amount of the draft so paid promptly following the determination thereofdrawing.
Appears in 2 contracts
Samples: Credit Agreement (Aftermarket Technology Corp), Revolving Credit Agreement (Aftermarket Technology Corp)
Reimbursement Obligation of the Borrower. The If any draft is paid under any Letter of Credit, the Borrower agrees shall reimburse the Issuing Bank with respect to reimburse each such draft paid by the Issuing Lender Bank for the amount of (a) the draft so paid and (b) any taxes, fees, charges or other costs or expenses incurred by the Issuing Bank in connection with such payment, not later than (i) by 12:00 Noon on the Business Day following the date on which such Issuing Lender notifies day that the Borrower of the date and amount of a draft presented under any Letter of Credit issued or continued by such Issuing Lender at the Borrower’s request (including any Letters of Credit issued for the account of a Restricted Subsidiary and the Existing Letters of Credit) and paid by such Issuing Lender for the amount receives notice of such draft so paiddraft, if such notice is received on such day prior to 1:00 P.M. or (ii) if clause (i) above does not apply, the Business Day immediately following the day that the Borrower receives such notice. Each such payment shall be made to such the Issuing Lender Bank at its address for notices specified referred to the Borrower herein in Dollars and in immediately available funds. Interest If any draft is paid under any Letter of Credit, then, unless the Borrower shall be payable reimburse the Issuing Bank in full on any the same day that such amounts draft is paid, the unpaid amount thereof shall bear interest for each day from and including the date on which the relevant such draft is paid until payment to but excluding the date that the Borrower makes reimbursement in full, at the rate per annum equal to the sum of (x) ABR plus (y) the Applicable Margin for Revolving Loans that are ABR Loans; provided that, if the Borrower does not make reimbursement in full at a rate equal on or prior to (i) until the second Business Day next succeeding following the date of the relevant notice (which notice applicable drawing, then Section 2.14(c) shall be provided on the date the relevant draft is paid), the rate applicable to ABR Loans that are Tranche A Revolving Loans and (ii) thereafter, the rate set forth in Section 2.15(c). In the case of any such reimbursement in Dollars with respect to a Letter of Credit denominated in a Permitted Foreign Currency, the applicable Issuing Lender shall notify the Borrower of the Dollar Equivalent of the amount of the draft so paid promptly following the determination thereofapply.
Appears in 1 contract
Samples: Credit Agreement (Radiation Therapy Services Holdings, Inc.)
Reimbursement Obligation of the Borrower. (a) The Borrower agrees to reimburse each the Issuing Lender, upon receipt by the Borrower of notice from the Issuing Lender on the Business Day following the date on which such Issuing Lender notifies the Borrower of the date and amount of a draft presented under any Letter of Credit issued or continued by such Issuing Lender at the Borrower’s request (including any Letters of Credit issued for the account of a Restricted Subsidiary and the Existing Letters of Credit) and paid by such the Issuing Lender Lender, for the amount of (i) such draft so paidpaid and (ii) any taxes, fees, charges or other costs or expenses reasonably incurred by the Issuing Lender in connection with such payment. Each such payment shall be made to such the Issuing Lender Lender, at its address for notices specified to the Borrower in Dollars and herein in immediately available funds. , on the date on which the Borrower receives such notice, if received prior to 11:00 A.M., New York City time, on a Business Day and otherwise on the next succeeding Business Day.
(b) Interest shall be payable on any such and all amounts remaining unpaid by the Borrower under this subsection (i) from the date the draft presented under the affected Letter of Credit is paid to the date on which the relevant draft Borrower is paid required to pay such amounts pursuant to paragraph (a) above at the rate which would then be payable on any outstanding ABR Loans that are Revolving Credit Loans and (ii) thereafter until payment in full at a rate equal to (i) until the second Business Day next succeeding the date of the relevant notice (which notice shall be provided on the date the relevant draft is paid), the rate applicable to which would be payable on any outstanding ABR Loans that are Tranche A Revolving Term Loans and (ii) thereafter, the rate set forth in Section 2.15(c). In the case of any such reimbursement in Dollars with respect to a Letter of Credit denominated in a Permitted Foreign Currency, the applicable Issuing Lender shall notify the Borrower of the Dollar Equivalent of the amount of the draft so paid promptly following the determination thereofwhich were then overdue.
Appears in 1 contract
Reimbursement Obligation of the Borrower. (a) The Borrower agrees to reimburse each the Issuing Lender, upon receipt by the Borrower of notice from the Issuing Lender on the Business Day following the date on which such Issuing Lender notifies the Borrower of the date and amount of a draft presented under any Letter of Credit issued or continued by such Issuing Lender at the Borrower’s request (including any Letters of Credit issued for the account of a Restricted Subsidiary and the Existing Letters of Credit) and paid by such the Issuing Lender Lender, for the amount of such draft so paidpaid and any taxes, fees, charges or other costs or expenses reasonably incurred by the Issuing Lender in connection with such payment. Each such payment shall be made to such the Issuing Lender Lender, at its address for notices specified to the Borrower herein in Dollars and in immediately available funds. , on the date on which the Borrower receives such notice, if received prior to 11:00 A.M., New York City time, on a Business Day and otherwise on the next succeeding Business Day.
(b) Interest shall be payable on any such and all amounts remaining unpaid by the Borrower under this subsection (i) from the date the draft presented under the affected Letter of Credit is paid to the date on which the relevant draft Borrower is paid required to pay such amounts pursuant to paragraph (a) above at the rate which would then be payable on any outstanding ABR Loans that are Revolving Credit Loans and (ii) thereafter until payment in full at a rate equal to (i) until the second Business Day next succeeding the date of the relevant notice (which notice shall be provided on the date the relevant draft is paid), the rate applicable to which would be payable on any outstanding ABR Loans that are Tranche A Revolving Term Loans and (ii) thereafter, the rate set forth in Section 2.15(c). In the case of any such reimbursement in Dollars with respect to a Letter of Credit denominated in a Permitted Foreign Currency, the applicable Issuing Lender shall notify the Borrower of the Dollar Equivalent of the amount of the draft so paid promptly following the determination thereofwhich were then overdue.
Appears in 1 contract
Reimbursement Obligation of the Borrower. The Borrower agrees to reimburse each Issuing Lender on the Business Day following the date on which such Issuing Lender notifies the Borrower of the date and amount of a draft presented under any Letter of Credit issued or continued by such Issuing Lender at the Borrower’s request (including any Letters of Credit issued for the account of a Restricted Subsidiary and the Existing Letters of Credit) and paid by such Issuing Lender for the amount of such draft so paid. Each such payment shall be made to such Issuing Lender at its address for notices specified to the Borrower in Dollars and in immediately available funds. Interest shall be payable on any such amounts from the date on which the relevant draft is paid until payment in full at a rate equal to (i) until the second Business Day next succeeding the date of the relevant notice (which notice shall be provided on the date the relevant draft is paid), the rate applicable to ABR Loans that are Tranche A Revolving Loans and (ii) thereafter, the rate set forth in Section 2.15(c). In the case of any such reimbursement in Dollars with respect to a Letter of Credit denominated in a Permitted Foreign Currency, the applicable Issuing Lender shall notify the Borrower of the Dollar Equivalent of the amount of the draft so paid promptly following the determination thereof.
Appears in 1 contract
Samples: Asset Based Revolving Credit Agreement (Revlon Inc /De/)
Reimbursement Obligation of the Borrower. (a) The Borrower agrees to reimburse each Issuing Lender on the Business Day following the each date on which such Issuing Lender notifies the Borrower of the date and amount of a draft presented under any Letter of Credit issued or continued by such Issuing Lender at the Borrower’s request (including any Letters of Credit issued for the account of a Restricted Subsidiary and the Existing Letters of Credit) and paid by such Issuing Lender for the amount of (i) such draft so paidpaid and (ii) any taxes, fees, charges or other costs or expenses incurred by such Issuing Lender in connection with such payment. Each such payment shall be made to such the relevant Issuing Lender at its address for notices specified to the Borrower herein in Dollars and in immediately available funds. .
(b) Interest shall be payable on any such and all amounts remaining unpaid by the Borrower under this subsection from the date on which the relevant draft is paid such amounts become payable (whether at stated maturity, by acceleration or otherwise) until payment in full at the rate which would be payable on any outstanding ABR Loans which were then overdue.
(c) Each drawing under any Letter of Credit shall constitute a rate equal request by the Borrower to (i) until the second Administrative Agent for a borrowing pursuant to subsection 2.2 of ABR Loans in the amount of such drawing. The requirement of one Business Day next succeeding Day's prior notice for an ABR Loan set forth in subsection 2.2 shall not apply to any borrowing under this subsection 3.4 in respect of a drawing under any Letter of Credit. The Borrowing Date with respect to such borrowing shall be the date of the relevant notice (which notice shall be provided on the date the relevant draft is paid), the rate applicable to ABR Loans that are Tranche A Revolving Loans and (ii) thereafter, the rate set forth in Section 2.15(c). In the case of any such reimbursement in Dollars with respect to a Letter of Credit denominated in a Permitted Foreign Currency, the applicable Issuing Lender shall notify the Borrower of the Dollar Equivalent of the amount of the draft so paid promptly following the determination thereofdrawing.
Appears in 1 contract
Reimbursement Obligation of the Borrower. The Borrower agrees to reimburse each Issuing Lender on the Business Day following the date on which such Issuing Lender notifies the Borrower of the date and amount of a draft presented under any Letter of Credit issued or continued by such Issuing Lender at the Borrower’s request (including any Letters of Credit issued for the account of a Restricted Subsidiary and the Existing Letters of Credit) and paid by such Issuing Lender for the amount of (a) such draft so paidpaid and (b) any Non-Excluded Taxes and Other Taxes (subject to the proviso to Section 2.20(a)), fees, charges or other costs or expenses reasonably incurred by such Issuing Lender in connection with such payment (the amounts described in the foregoing clauses (a) and (b) in respect of any drawing, collectively, the “Payment Amount”). Each such payment shall be made to such Issuing Lender at its address for notices specified to the Borrower in Dollars and in immediately available funds. Interest shall be payable on any such amounts from the date on which the relevant draft is paid until payment in full at a rate equal to (i) until the second Business Day next succeeding the date of the relevant notice (which notice shall be provided on the date the relevant draft is paid)notice, the rate applicable to ABR Loans that are Tranche A under the Revolving Loans Facility and (ii) thereafter, the rate set forth in Section 2.15(c). In the case of any such reimbursement in Dollars with respect to a Letter of Credit denominated in a Permitted Foreign Currency, the applicable Issuing Lender shall notify the Borrower of the Dollar Equivalent of the amount of the draft so paid promptly following the determination thereof.
Appears in 1 contract
Samples: Credit Agreement (Covetrus, Inc.)
Reimbursement Obligation of the Borrower. The Borrower agrees to reimburse each Issuing Lender on the Business Day following the date on which such Issuing Lender notifies the Borrower of the date and amount of a draft presented under any Letter of Credit issued or continued by such Issuing Lender at the Borrower’s request (including any Letters of Credit issued for the account of a Restricted Subsidiary and the Existing Letters of CreditSubsidiary) and paid by such Issuing Lender for the amount of such draft so paid. Each such payment shall be made to such Issuing Lender at its address for notices specified to the Borrower in Dollars and in immediately available funds. Interest shall be payable on any such amounts from the date on which the relevant draft is paid until payment in full at a rate equal to (i) until the second Business Day next succeeding the date of the relevant notice (which notice shall be provided on the date the relevant draft is paid), the rate applicable to ABR Loans that are Tranche A under the Revolving Loans Facility and (ii) thereafter, the rate set forth in Section 2.15(c). In the case of any such reimbursement in Dollars with respect to a Letter of Credit denominated in a Permitted Foreign Currency, the applicable Issuing Lender shall notify the Borrower of the Dollar Equivalent of the amount of the draft so paid promptly following the determination thereof.
Appears in 1 contract
Reimbursement Obligation of the Borrower. The Borrower agrees to reimburse each Issuing Lender on the Business Day following the date on which such Issuing Lender notifies the Borrower of the date and amount of a draft presented under any Letter of Credit issued or continued by such Issuing Lender at the #93138577v21 US-DOCS\115367111.15 LEGAL_US_E # 147442669.29 Borrower’s request (including any Letters of Credit issued for the account of a Restricted Subsidiary and the Existing Letters of CreditSubsidiary) and paid by such Issuing Lender for the amount of such draft so paid. Each such payment shall be made to such Issuing Lender at its address for notices specified to the Borrower in Dollars and in immediately available funds. Interest shall be payable on any such amounts from the date on which the relevant draft is paid until payment in full at a rate equal to (i) until the second Business Day next succeeding the date of the relevant notice (which notice shall be provided on the date the relevant draft is paid), the rate applicable to ABR Loans that are Tranche A under the Revolving Loans Facility and (ii) thereafter, the rate set forth in Section 2.15(c). In the case of any such reimbursement in Dollars with respect to a Letter of Credit denominated in a Permitted Foreign Currency, the applicable Issuing Lender shall notify the Borrower of the Dollar Equivalent of the amount of the draft so paid promptly following the determination thereof.
Appears in 1 contract
Samples: Credit Agreement (Revlon Inc /De/)
Reimbursement Obligation of the Borrower. The Borrower agrees to reimburse each An Issuing Lender on the Business Day following the date on which such Issuing Lender notifies shall notify the Borrower of the date and amount Dollar Amount of a draft presented any L/C Disbursement under any Letter of Credit issued or continued by such Issuing Lender at the Borrower’s request (including any Letters of Credit issued for the account of a Restricted Subsidiary and the Existing Letters of Credit) and paid by such Issuing Lender. The Borrower agrees to reimburse such Issuing Lender in Dollars for the Dollar Amount of (a) such L/C Disbursement so paid (or if the Issuing Lender shall so elect in its sole discretion by notice to the Borrower, in such other Agreed Currency which was paid by the Issuing Lender pursuant to such L/C Disbursement in such Agreed Currency in an amount equal to the amount of such draft so paidL/C Disbursement) and (b) any reasonable and documented fees, charges or other costs or expenses (other than taxes or similar amounts) incurred by such Issuing Lender in connection with such payment on the Business Day after the Borrower receives such notice. Each such payment shall be made to such Issuing Lender at its address for notices specified referred to the Borrower herein in Dollars and in immediately available funds. Interest shall be payable on any such amounts from (or if the date on which the relevant draft is paid until payment in full at a rate equal to (i) until the second Business Day next succeeding the date of the relevant notice (which notice shall be provided on the date the relevant draft is paid), the rate applicable to ABR Loans that are Tranche A Revolving Loans and (ii) thereafter, the rate set forth in Section 2.15(c). In the case of any such reimbursement in Dollars with respect to a Letter of Credit denominated in a Permitted Foreign Currency, the applicable Issuing Lender shall notify the Borrower of the Dollar Equivalent of the amount of the draft so paid promptly following the determination thereof.elect in its
Appears in 1 contract
Reimbursement Obligation of the Borrower. (a) The Borrower agrees to reimburse each the Issuing Xxxxxx, upon receipt of notice from the Issuing Lender on the Business Day following the date on which such Issuing Lender notifies the Borrower of the date and amount of a draft presented under any Letter of Credit issued or continued by such Issuing Lender at the Borrower’s request (including any Letters of Credit issued for the account of a Restricted Subsidiary and the Existing Letters of Credit) and paid by such the Issuing Lender Lender, for the amount of (i) such draft so paidpaid and (ii) any taxes, fees, charges or other costs or expenses reasonably incurred by the Issuing Lender in connection with such payment. Each such payment shall be made to such the Issuing Lender Lender, at its address for notices specified to the Borrower herein in Dollars and in immediately available funds. , on the date on which the Borrower receives such notice, if received prior to 11:00 A.M., New York City time, on a Business Day and otherwise on the next succeeding Business Day.
(b) Interest shall be payable on any such and all amounts remaining unpaid by the Borrower under this subsection (i) from the date the draft presented under the affected Letter of Credit is paid to the date on which the relevant draft Borrower is paid required to pay such amounts pursuant to paragraph (a) above at the rate which would then be payable on any outstanding ABR Loans that are Revolving Credit Loans and (ii) thereafter until payment in full at a rate equal to (i) until the second Business Day next succeeding the date of the relevant notice (which notice shall be provided on the date the relevant draft is paid), the rate applicable to which would be payable on any outstanding ABR Loans that are Tranche A Revolving B Term Loans and (ii) thereafter, the rate set forth in Section 2.15(c). In the case of any such reimbursement in Dollars with respect to a Letter of Credit denominated in a Permitted Foreign Currency, the applicable Issuing Lender shall notify the Borrower of the Dollar Equivalent of the amount of the draft so paid promptly following the determination thereofwhich were then overdue.
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Reimbursement Obligation of the Borrower. The Borrower agrees to reimburse each An Issuing Lender on the Business Day following the date on which such Issuing Lender notifies shall notify the Borrower of the date and amount Dollar Amount of a draft presented any L/C Disbursement under any Letter of Credit issued or continued by such Issuing Lender at the Borrower’s request (including any Letters of Credit issued for the account of a Restricted Subsidiary and the Existing Letters of Credit) and paid by such Issuing Lender. The Borrower agrees to reimburse such Issuing Lender in Dollars for the Dollar Amount of (a) such L/C Disbursement so paid (or if the Issuing Lender shall so elect in its sole discretion by notice to the Borrower, in such other Agreed Currency which was paid by the Issuing Lender pursuant to such L/C Disbursement in such Agreed Currency in an amount equal to the amount of such draft so paidL/C Disbursement) and (b) any reasonable and documented fees, charges or other costs or expenses (other than taxes or similar amounts) incurred by such Issuing Lender in connection with such payment on the Business Day after the Borrower receives such notice. Each such payment shall be made to such Issuing Lender at its address for notices specified referred to the Borrower herein in Dollars and in immediately available funds. Interest shall be payable on any such amounts from (or if the date on which the relevant draft is paid until payment in full at a rate equal to (i) until the second Business Day next succeeding the date of the relevant notice (which notice shall be provided on the date the relevant draft is paid), the rate applicable to ABR Loans that are Tranche A Revolving Loans and (ii) thereafter, the rate set forth in Section 2.15(c). In the case of any such reimbursement in Dollars with respect to a Letter of Credit denominated in a Permitted Foreign Currency, the applicable Issuing Lender shall notify the Borrower of the Dollar Equivalent of the amount of the draft so paid promptly following the determination thereof.so
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