Common use of Reimbursement Obligations; Duties of Issuing Banks Clause in Contracts

Reimbursement Obligations; Duties of Issuing Banks. (i) Each Issuing Bank shall promptly notify the Borrower and the Agent of any draw under a Facility Letter of Credit and the Borrower shall reimburse such Issuing Bank in accordance with Section 3.7; and (ii) any Reimbursement Obligation with respect to any Facility Letter of Credit shall bear interest from the date of the relevant drawings under the pertinent Facility Letter of Credit until payment in full is received by the pertinent Issuing Bank at (A) the Alternate Base Rate until the next succeeding Business Day and (B) the Alternate Base Rate plus 2% thereafter. (b) Any action taken or omitted to be taken by an Issuing Bank under or in connection with any Facility Letter of Credit, if taken or omitted in the absence of willful misconduct or gross negligence, shall not put that Issuing Bank under any resulting liability to any Lender or, assuming that such Issuing Bank has complied with the procedures specified in Section 3.4, all conditions to the issuance of a Facility Letter of Credit have been satisfied and any such Lender has not given a notice contemplated by Section 3.6(a) that continues in full force and effect, relieve any such Lender of its obligations hereunder to that Issuing Bank. In determining whether to pay under any Facility Letter of Credit, an Issuing Bank shall have no obligation relative to the Lenders other than to confirm that any documents required to be delivered under such Facility Letter of Credit appear to have been delivered in compliance and that they appear to comply on their face, with the requirements of such Facility Letter of Credit.

Reimbursement Obligations; Duties of Issuing Banks. (i) Each The Issuing Bank shall promptly notify the Borrower and the Agent of any draw under a Facility Letter of Credit and the Borrower shall reimburse such the Issuing Bank in accordance with Section 3.7; and (ii) any Reimbursement Obligation with respect to any Facility Letter of Credit shall bear interest from the date of the relevant drawings under the pertinent Facility Letter of Credit until payment in full is received by the pertinent Issuing Bank at (A) the Alternate Base Rate until the next succeeding Business Day and (B) the Default interest rate for Alternate Base Rate plus 2% Advances calculated in accordance with Section 2.11 for each day thereafter. (b) Any action taken or omitted to be taken by an the Issuing Bank under or in connection with any Facility Letter of Credit, if taken or omitted in the absence of willful misconduct or gross negligence, shall not put that the Issuing Bank under any resulting liability to any Lender or, assuming that such the Issuing Bank has complied with the procedures specified in Section 3.4, all conditions to the issuance of a Facility Letter of Credit have been satisfied and any such Lender has not given a notice contemplated by Section 3.6(a) that continues in full force and effect, relieve any such that Lender of its obligations hereunder to that the Issuing Bank. In determining whether to pay under any Facility Letter of Credit, an the Issuing Bank shall have no obligation relative to the Lenders other than to confirm that any documents required to be delivered under such Facility Letter of Credit appear to have been delivered in compliance and that they appear to comply on their face, with the requirements of such Facility Letter of Credit.

Reimbursement Obligations; Duties of Issuing Banks. (a) Notwithstanding any provisions to the contrary in any Letter of Credit Reimbursement Agreement: (i) Each The Company shall reimburse an Issuing Bank shall promptly notify the Borrower and the Agent of any draw for drawings under a Facility Letter of Credit used by it no later than the earlier of (a) the time specified in such Letter of Credit Reimbursement Agreement, and (b) three (3) Business Days after the Borrower shall reimburse such payment by that Issuing Bank in accordance with Section 3.7Bank; and (ii) any Reimbursement Obligation with respect to any Facility Letter of Credit shall bear interest from the date of the relevant drawings drawing under the pertinent Facility Letter of Credit until payment in full is received by at the pertinent Issuing Bank at (A) the Alternate interest rate applicable to Base Rate until Loans for three (3) Business Days after such date and thereafter at the next succeeding Business Day and (B) the Alternate interest rate for past due Base Rate plus 2% thereafter. Loans in accordance with SECTION 2.03(D). (b) Any No action taken or omitted to be taken by an Issuing Bank under or in connection with any Facility Letter of Credit, if taken or omitted in the absence of gross negligence or willful misconduct or gross negligencemisconduct, shall not put that Issuing Bank under any resulting liability to any Senior Lender or, assuming that such Issuing Bank has complied with the procedures specified in Section 3.4, all conditions subject to the issuance of a Facility Letter of Credit have been satisfied and any such Lender has not given a notice contemplated by Section 3.6(a) that continues in full force and effectSECTION 3.02, relieve any such that Senior Lender of its obligations hereunder to that Issuing Bank. In determining whether to pay under any Facility Letter of Credit, an Issuing Bank shall have no obligation relative to the Senior Lenders other than to confirm that any documents required to be delivered under such Facility Letter of Credit appear to have been delivered in compliance and that they appear on their face to comply on their face, with the requirements of such Facility Letter of Credit.

Reimbursement Obligations; Duties of Issuing Banks. (i) Each Issuing Bank shall promptly notify Notwithstanding any provisions to the Borrower and the Agent of contrary in any draw under a Facility Letter of Credit and Reimbursement Agreement: (A) the Borrower shall reimburse such the Issuing Bank in accordance with Section 3.7for amounts drawn under each Letter of Credit, no later than the date (the "Reimbursement Date") which is one Business Day after the Borrower receives notice from the Issuing Bank that a draft has been presented under such Letter of Credit; and and (iiB) any all Reimbursement Obligation Obligations with respect to any Facility Letter of Credit shall bear interest at the rate applicable to Base Rate Loans in accordance with Section 4.01(a) from the date of the relevant drawings drawing under the pertinent Facility such Letter of Credit until payment the Reimbursement Date and thereafter at the rate applicable in full is received by the pertinent Issuing Bank at (A) the Alternate Base Rate until the next succeeding Business Day and (B) the Alternate Base Rate plus 2% thereafteraccordance with Section 4.01(d). (bii) Any The Issuing Bank shall give the Administrative Agent written notice, or telephonic notice confirmed promptly thereafter in writing, of all drawings under a Letter of Credit and the payment (or the failure to pay when due) by the Borrower on account of a Reimbursement Obligation (which notice the Administrative Agent shall promptly transmit by telegram, telex, facsimile or similar transmission to each Lender). (iii) No action taken or omitted to be taken omitted, in good faith and without gross negligence or willful misconduct, by an the Issuing Bank under or in connection with any Facility Letter of Credit, if taken or omitted in Credit shall put the absence of willful misconduct or gross negligence, shall not put that Issuing Bank under any resulting liability to any Lender Revolving Loan Lender, the Borrower or, assuming that such Issuing Bank has complied with the procedures specified so long as it is not Issued in violation of Section 3.4, all conditions to the issuance of a Facility Letter of Credit have been satisfied and any such Lender has not given a notice contemplated by Section 3.6(a) that continues in full force and effect2.04(a), relieve any such Revolving Loan Lender of its obligations hereunder to that the Issuing Bank. In Solely as between the Issuing Bank and the Revolving Loan Lenders, in determining whether to pay under any Facility Letter of Credit, an the Issuing Bank shall have no obligation relative to the Revolving Loan Lenders other than to confirm that any documents required to be delivered under such Facility a respective Letter of Credit appear to have been delivered in compliance and that they appear on their face to comply on their face, with the requirements of such Facility Letter of Credit.

Reimbursement Obligations; Duties of Issuing Banks. (i) Each Issuing Bank shall promptly notify the Borrower and the Agent of any draw under a Facility Letter of Credit and the Borrower shall reimburse such Issuing Bank in accordance with Section 3.74.7; and (ii) any ----------- Reimbursement Obligation with respect to any Facility Letter of Credit shall bear interest from the date of the relevant drawings drawing under the pertinent Facility Letter of Credit until payment in full is received by the pertinent Issuing Bank at (A) the Alternate Base Rate until the next succeeding Business Day and (B) the Alternate Base Rate plus 2% thereafter. (b) Any action taken or omitted to be taken by an Issuing Bank under or in connection with any Facility Letter of Credit, if taken or omitted in the absence of willful misconduct or gross negligence, shall not put that Issuing Bank under any resulting liability to any Lender or, assuming that such Issuing Bank has complied with the procedures specified in Section 3.4------- 4.4, all conditions to the issuance of a Facility Letter of Credit have --- been satisfied and any such Lender has not given a notice contemplated by Section 3.6(a4.6(a) that continues in -------------- full force and effect, relieve any such Lender of its obligations hereunder to that Issuing Bank. In determining whether to pay under any Facility Letter of Credit, an Issuing Bank shall have no obligation relative to the Lenders other than to confirm that any documents required to be delivered under such Facility Letter of Credit appear to have been delivered in compliance and that they appear to comply on their face, with the requirements of such Facility Letter of Credit.