Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of any Letter of Credit each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first Business Day after the Borrower receives notice from such L/C Issuer that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (i) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation not repaid by the Borrower as provided in this clause (e) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by the Borrower with interest thereon computed (i) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate Loans and (ii) thereafter until payment in full, at the interest rate applicable during such period to past due Revolving Loans that are Base Rate Loans.
Appears in 12 contracts
Samples: Credit Agreement (Alere Inc.), Credit Agreement (Assisted Living Concepts Inc), First Lien Credit Agreement (Danka Business Systems PLC)
Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of any Letter of Credit Credit, or to the Revolver Agent for the benefit of such L/C Issuer, each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first Business Day after the Borrower receives notice from such L/C Issuer that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (iA) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation is not repaid by the Borrower as provided in this clause (ev) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Revolver Agent of such failure (and, upon receipt of such notice, the Administrative Revolver Agent shall forward a copy to notify each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by the Borrower on demand with interest thereon computed (i) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate Loans and (ii) thereafter until payment in full, at the interest rate applicable during such period to past due Revolving Loans that are Base Rate Loans.
Appears in 9 contracts
Samples: Credit Agreement (SelectQuote, Inc.), Credit Agreement (SelectQuote, Inc.), Credit Agreement (SelectQuote, Inc.)
Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of any Letter of Credit Credit, or to Agent for the benefit of such L/C Issuer, each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first Business Day after the Borrower receives notice from such L/C Issuer or from Agent that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (iA) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation is not repaid by the Borrower as provided in this clause (ev) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to notify each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by the Borrower on demand with interest thereon computed (iA) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate Loans and (iiB) thereafter until payment in full, at the interest rate applicable during such period specified in Section 2.3(c) to past due Revolving Loans that are Base Rate LoansLoans (regardless of whether or not an election is made under such Section).
Appears in 7 contracts
Samples: Credit Agreement (Addus HomeCare Corp), Credit Agreement (Rimini Street, Inc.), Credit Agreement (Iteris, Inc.)
Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of any Letter of Credit each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first Business Day after the Borrower receives notice from such L/C Issuer that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (i) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation not repaid by the Borrower as provided in this clause (e) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by the Borrower with interest thereon computed (i) from and including the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement DateDate but excluding the date such payment is made in full, at the interest rate applicable during such period to Revolving Loans that are Base Rate Loans Loans, and (ii) thereafter until payment in full, at the interest rate applicable during such period to past due Revolving Loans that are Base Rate Loans.
Appears in 4 contracts
Samples: Credit Agreement (Francesca's Holdings CORP), Credit Agreement (Francesca's Holdings CORP), Credit Agreement (Francesca's Holdings CORP)
Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of any Letter of Credit Credit, or to Agent for the benefit of such L/C Issuer, each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first Business Day after the Borrower receives notice from such L/C Issuer or from Agent that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (iA) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation is not repaid by the Borrower as provided in this clause (ev) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to notify each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by the Borrower with interest thereon computed (iA) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate Loans and (iiB) thereafter until payment in full, at the interest rate applicable during such period specified in subsection 1.3(c) to past due Revolving Loans that are Base Rate LoansLoans (regardless of whether or not an election is made under such subsection).
Appears in 4 contracts
Samples: Credit Agreement (Entravision Communications Corp), Credit Agreement (Entravision Communications Corp), Credit Agreement (Affymetrix Inc)
Reimbursement Obligations of the Borrower. The In the event of any drawing under any Fronted Letter of Credit, the Borrower agrees to pay to reimburse (either with the L/C Issuer proceeds of a Revolving Credit Loan as provided for in this Section or with funds from other sources), in same day funds, the Fronting Bank on each date on which the Fronting Bank notifies the Borrower of the date and amount of a draft paid under any Fronted Letter of Credit each L/C Reimbursement Obligation owing for the amount of (a) such draft so paid plus (b) any amounts referred to in Section 3.4(b) incurred by the Fronting Bank in connection with respect such payment. Unless the Borrower shall immediately notify the Fronting Bank that the Borrower intends to reimburse the Fronting Bank for such drawing from other sources or funds, the Borrower shall be deemed to have timely given a Notice of Borrowing to the Administrative Agent requesting that the Lenders make a Revolving Credit Loan bearing interest at the Base Rate on such date in the amount of (a) such draft so paid plus (b) any amounts referred to in Section 3.4(b) incurred by the Fronting Bank in connection with such payment, and the Lenders shall make a Revolving Credit Loan bearing interest at the Base Rate in such amount, the proceeds of which shall be applied to reimburse the Fronting Bank for the amount of the related drawing and costs and expenses. Each Lender acknowledges and agrees that its obligation to fund a Revolving Credit Loan in accordance with this Section to reimburse the Fronting Bank for any draft paid under a Fronted Letter of Credit no later than is absolute and unconditional and shall not be affected by any circumstance whatsoever, including, without limitation, non-satisfaction of the first Business Day after the Borrower receives notice from such L/C Issuer that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as conditions set forth in clause (iSection 2.3(a) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation not repaid by or Article V. If the Borrower has elected to pay the amount of such drawing with funds from other sources and shall fail to reimburse the Fronting Bank as provided in this clause (e) (or any such payment by above, the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent unreimbursed amount of such failure (and, upon receipt of such notice, drawing shall bear interest at the Administrative Agent shall forward a copy to each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall rate which would be payable on demand by the Borrower with interest thereon computed (i) any outstanding Base Rate Loans which were then overdue from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Dateamounts become payable (whether at stated maturity, at the interest rate applicable during such period to Revolving Loans that are Base Rate Loans and (iiby acceleration or otherwise) thereafter until payment in full, at the interest rate applicable during such period to past due Revolving Loans that are Base Rate Loans.
Appears in 4 contracts
Samples: Credit Agreement (Family Dollar Stores Inc), Credit Agreement (Family Dollar Stores Inc), Credit Agreement (Family Dollar Stores Inc)
Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of any Letter of Credit Credit, or to Agent for the benefit of such L/C Issuer, each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first Business Day after the Borrower receives notice from such L/C Issuer that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (iA) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation is not repaid by the Borrower as provided in this clause (ev) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to notify each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by the Borrower with interest thereon computed (iA) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate Loans and (iiB) thereafter until payment in full, at the interest rate applicable during such period specified in subsection 1.3(c) to past due Revolving Loans that are Base Rate LoansLoans (regardless of whether or not an election is made under such subsection).
Appears in 4 contracts
Samples: Credit Agreement (Papa Murphy's Holdings, Inc.), Credit Agreement (Papa Murphy's Holdings, Inc.), Credit Agreement (Papa Murphy's Holdings, Inc.)
Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of any Letter of Credit Credit, or to the Administrative Agent for the benefit of such L/C Issuer, each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first Business Day after the Borrower receives notice from such L/C Issuer or from the Administrative Agent that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (i) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation not repaid by the Borrower as provided in this clause (e) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by the Borrower with interest thereon computed (i) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate Loans and (ii) thereafter until payment in full, at the interest rate applicable during such period to past due Revolving Loans that are Base Rate Loans.
Appears in 3 contracts
Samples: Credit Agreement (Townsquare Media, LLC), Credit Agreement (Westwood One Inc /De/), Credit Agreement (PGT, Inc.)
Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of any Letter of Credit Credit, or to Agent for the benefit of such L/C Issuer, each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first Business Day after the Borrower receives notice from such L/C Issuer or from Agent that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon on the outstanding amount thereof computed as set forth in clause (iA) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation is not repaid by the Borrower as provided in this clause (ev) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to notify each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by the Borrower with interest thereon computed (iA) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate Loans and (iiB) thereafter until payment in full, at the interest rate applicable during such period specified in subsection 1.3(c) to past due Revolving Loans that are Base Rate LoansLoans (regardless of whether or not an election is made under such subsection).
Appears in 3 contracts
Samples: First Lien Revolving Credit Agreement (GSE Holding, Inc.), First Lien Revolving Credit Agreement (GSE Holding, Inc.), First Lien Credit Agreement (GSE Holding, Inc.)
Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of any Letter of Credit Credit, or to the Administrative Agent for the benefit of such L/C Issuer, each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than 2:00 p.m. on the first Business Day after the Borrower receives notice from such L/C Issuer or from the Administrative Agent that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) ), which notice shall be given on the same day that such payment is made, with interest thereon computed as set forth in clause (ie)(i) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation not repaid (whether with the proceeds of U.S. Revolving Loans or otherwise) by the Borrower as provided in this clause (e) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to each U.S. Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by the Borrower with interest thereon computed (i) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to U.S. Revolving Loans that are Base Rate Loans and (ii) thereafter until payment in full, at the interest rate applicable during such period to past due U.S. Revolving Loans that are Base Rate Loans.
Appears in 3 contracts
Samples: Credit Agreement (Hill International, Inc.), Credit Agreement (Hill International, Inc.), Credit Agreement (Hill International, Inc.)
Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of any Letter of Credit Credit, or to the Administrative Agent for the benefit of such L/C Issuer, each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than 2:00 p.m. on the first Business Day after the Borrower receives notice from such L/C Issuer or from the Administrative Agent that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) ), which notice shall be given on the same day that such payment is made, with interest thereon computed as set forth in clause (ie)(i) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation not repaid (whether with the proceeds of Loans or otherwise) by the Borrower as provided in this clause (e) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by the Borrower with interest thereon computed (i) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate Loans set forth in Section 2.9(a) and (ii) thereafter until payment in full, at the interest rate applicable during such period to past due Revolving Loans that are Base Rate Loansset forth in Section 2.9(c).
Appears in 3 contracts
Samples: Credit Agreement (Hill International, Inc.), Credit Agreement (Hill International, Inc.), Credit Agreement (Hill International, Inc.)
Reimbursement Obligations of the Borrower. The In the event of any drawing under any Syndicated Letter of Credit, the Borrower agrees to pay to reimburse, in same day funds, the L/C Issuer applicable Issuing Lenders on each date on which the Administrative Agent notifies the Borrower of the date and amount of a draft paid under any Syndicated Letter of Credit each L/C Reimbursement Obligation owing for the amount of (a) such draft so paid plus (b) any amounts referred to in Section 3.4(c) incurred by the applicable Issuing Lenders in connection with respect to such Letter of Credit no later than the first Business Day after payment. Unless the Borrower receives notice from such L/C Issuer that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (i) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation not repaid by the Borrower as provided in this clause (e) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly immediately notify the Administrative Agent that the Borrower intends to reimburse the Issuing Lenders for such drawing from other sources or funds, the Borrower shall be deemed to have timely given a Notice of such failure (and, upon receipt of such notice, Borrowing to the Administrative Agent shall forward requesting that the Lenders make a copy to each Revolving Credit LenderLoan bearing interest at the Base Rate on such date in the amount of (a) andsuch draft so paid plus (b) any amounts referred to in Section 3.4(c) incurred by the Issuing Lenders in connection with such payment, irrespective and the Lenders shall make a Revolving Credit Loan bearing interest at the Base Rate in such amount, the proceeds of whether which shall be applied to reimburse the Issuing Lenders for the amount of the related drawing and costs and expenses. If the Borrower fail to reimburse the Issuing Lender(s) as provided above, the unreimbursed amount of such notice is given, such L/C Reimbursement Obligation drawing shall bear interest at the rate which would be payable on demand by the Borrower with interest thereon computed (i) any outstanding Base Rate Loans which were then overdue from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Dateamounts become payable (whether at stated maturity, at the interest rate applicable during such period to Revolving Loans that are Base Rate Loans and (iiby acceleration or otherwise) thereafter until payment in full, at the interest rate applicable during such period to past due Revolving Loans that are Base Rate Loans.
Appears in 3 contracts
Samples: Credit Agreement (Family Dollar Stores Inc), Credit Agreement (Family Dollar Stores Inc), Credit Agreement (Family Dollar Stores Inc)
Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of any Letter of Credit each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first Business Day after the Borrower receives notice from such L/C Issuer that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (i) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation not repaid by the Borrower as provided in this clause (e) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by the Borrower with interest thereon computed (i) from and including the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement DateDate but excluding the date such payment is made in full, at the interest rate applicable during such period to Revolving the Loans that are Base Rate Loans Loans, and (ii) thereafter until payment in full, at the interest rate applicable during such period to past due Revolving Loans that are Base Rate Loans.
Appears in 2 contracts
Samples: Credit Agreement (Francesca's Holdings CORP), Credit Agreement (Francesca's Holdings CORP)
Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of any Letter of Credit each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first Business Day after the Borrower receives notice from such L/C Issuer that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (iA) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation not repaid by the Borrower as provided in this clause (ev) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by the Borrower with interest thereon computed (iA) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate Loans and (iiB) thereafter until payment in full, at the interest rate applicable during such period to past due Revolving Loans that are Base Rate Loans.
Appears in 2 contracts
Samples: Credit Agreement (Banctec Inc), Credit Agreement (Banctec Inc)
Reimbursement Obligations of the Borrower. The If the Issuing Lender shall make any LC Disbursement in respect of a Letter of Credit, the Borrower agrees to pay shall reimburse such LC Disbursement by paying to the L/C Issuer of any Letter of Credit each L/C Reimbursement Obligation owing with respect Agent an amount equal to such Letter of Credit no LC Disbursement not later than 12:00 noon, New York City time, on the first date that such LC Disbursement is made, if the Borrower shall have received notice of such LC Disbursement prior to 10:00 a.m., New York City time, on such date, or, if such notice has not been received by the Borrower prior to such time on such date, then not later than 12:00 noon, New York City time, on (i) the Business Day after that the Borrower receives such notice, if such notice from is received prior to 10:00 a.m., New York City time, on the day of receipt, or (ii) the Business Day immediately following the day that the Borrower receives such L/C Issuer notice, if such notice is not received prior to such time on the day of receipt; provided that payment has been made under such Letter of Credit or the Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.04(a) that such L/C Reimbursement Obligation is otherwise due (payment be financed with an ABR Borrowing in an equivalent amount and, to the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (i) below. In extent so financed, the event that any L/C Issuer incurs any L/C Reimbursement Obligation not repaid Borrower’s obligation to make such payment shall be discharged and replaced by the resulting ABR Borrowing. If the Borrower as provided in this clause (e) (or any fails to make such payment by when due, the Agent shall notify each Lender of the applicable LC Disbursement, the payment then due from the Borrower is rescinded or set aside for any reason), in respect thereof and such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon Lender’s Revolving Credit Commitment Percentage thereof. Promptly following receipt of such notice, each Lender shall pay to the Administrative Agent its Revolving Credit Commitment Percentage of the payment then due from the Borrower, in the same manner as provided in Section 2.05 with respect to Revolving Credit Loans made by such Lender (and Section 2.05 shall apply, mutatis mutandis, to the payment obligations of the Lenders), and the Agent shall forward promptly pay to the Issuing Lender the amounts so received by it from the Lenders. Promptly following receipt by the Agent of any payment from the Borrower pursuant to this paragraph, the Agent shall distribute such payment to the Issuing Lender or, to the extent that Lenders have made payments pursuant to this paragraph to reimburse the Issuing Lender, then to such Lenders and the Issuing Lender as their interests may appear. Any payment made by a copy Lender pursuant to each this paragraph to reimburse the Issuing Lender for any LC Disbursement (other than the funding of ABR Loans as contemplated above) shall not constitute a Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation Loan and shall be payable on demand by not relieve the Borrower with interest thereon computed (i) from the date on which of its obligation to reimburse such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate Loans and (ii) thereafter until payment in full, at the interest rate applicable during such period to past due Revolving Loans that are Base Rate LoansLC Disbursement.
Appears in 2 contracts
Samples: Revolving Credit and Guaranty Agreement (Tower International, Inc.), Revolving Credit and Guaranty Agreement (Tower International, Inc.)
Reimbursement Obligations of the Borrower. Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the applicable L/C Issuer shall notify the Borrower and Agent thereof. The Borrower (on behalf of itself or the applicable Restricted Subsidiary) agrees to pay (and cause the applicable Restricted Subsidiary to pay) to the L/C Issuer of any Letter of Credit Credit, or to Agent for the benefit of such L/C Issuer, each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first Business Day after the Borrower (or the applicable Restricted Subsidiary) receives notice from such L/C Issuer or from Agent that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (iA) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation is not repaid by the Borrower (or the applicable Restricted Subsidiary) as provided in this clause (ev) (or any such payment by the Borrower (or the applicable Restricted Subsidiary) is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to notify each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be deemed to be a request of Revolving Loans consisting of Base Rate Loans in an amount equal to such L/C Reimbursement Obligation, and shall be payable on demand by the Borrower with (or the applicable Restricted Subsidiary) with, interest thereon computed computed, (iA) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate Loans (provided, no interest shall accrue with respect to the day upon which Borrower (or the applicable Restricted Subsidiary) receives notice of such L/C Reimbursement Obligation to the extent Borrower (or the applicable Restricted Subsidiary) makes payment to Agent or the L/C Issuer, as applicable, in respect of such L/C Reimbursement Obligation on the date the Borrower receives such notice) and (iiB) thereafter until payment in full, at the interest rate applicable during such period specified in Section 1.3(c) to past due Revolving Loans that are Base Rate Loans.Loans (regardless of whether or not an election is made under such Section). The Borrowing deemed to occur pursuant to this clause (v) shall be subject to the amount of the unutilized portion of the Revolving Loan Commitments and the conditions set forth in
Appears in 2 contracts
Samples: Credit Agreement (R1 RCM Inc.), Credit Agreement (R1 RCM Inc.)
Reimbursement Obligations of the Borrower. (i) The Borrower agrees shall be obligated (whether from Collections, funds in the Letter of Credit Collateral Account or other sources of funds, including Borrowings hereunder) to pay reimburse, in same day funds, in Dollars, the applicable Issuing Lender for the amount of any L/C Advance and any taxes and any reasonable fees, charges or other costs or expenses incurred by such Issuing Lender in connection with the related Letter of Credit (collectively, the “L/C Amounts”). Upon the making of any L/C Advance pursuant to any drawing or demand for payment under a Letter of Credit, the Administrative Agent on behalf of the applicable Issuing Lender shall withdraw funds from the Letter of Credit Collateral Account in an amount equal to the L/C Issuer Amounts resulting from such drawing or demand (or if the balance of funds on deposit in such account at such time is less than such L/C Amounts, such lesser amount) and apply the amount so withdrawn against the L/C Obligations resulting from such L/C Advance.
(ii) Upon receipt from the beneficiary of any Letter of Credit each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first Business Day after the Borrower receives any notice from such L/C Issuer that of a drawing or demand for payment has been made under such Letter of Credit or that Credit, the applicable Issuing Lender shall promptly notify each Lender, the Administrative Agent and the Borrower of the date and amount thereof (such notice hereinafter referred to as a “Notice of L/C Reimbursement Obligation is otherwise due (the “Draw”). Each Notice of L/C Reimbursement Date”) with interest thereon computed as Draw shall set forth the amount of the requested drawing or demand, the amount of funds then on deposit in clause (i) below. In the event that Letter of Credit Collateral Account, and the amount of any unreimbursed L/C Issuer incurs any Amount that will remain after the Administrative Agent on behalf of the applicable Issuing Lender withdraws funds from the Letter of Credit Collateral Account pursuant to Section 2.8(e)(i) (such amounts, the “Unreimbursed L/C Reimbursement Obligation not repaid by the Borrower as provided in this clause (e) (or any such payment by the Borrower is rescinded or set aside for any reasonAmount”), such . Within one Business Day of receipt of a Notice of L/C Issuer Draw which includes an Unreimbursed L/C Amount, the Borrower shall notify the applicable Issuing Lender if the Borrower intends to reimburse such Issuing Lender for such Unreimbursed L/C Amount from other sources or funds, and such Issuing Lender shall promptly notify the Administrative Agent and each Lender of Borrower’s intent to reimburse such failure (and, upon receipt of Issuing Lender for such notice, the Administrative Agent shall forward a copy to each Revolving Credit Lender) and, irrespective of whether such notice is given, such Unreimbursed L/C Amount from other sources or funds (such notice hereinafter referred to as a “Notice of Borrower Reimbursement”). Within two Business Days of receipt of a Notice of L/C Draw, unless the Lenders receive a Notice of Borrower Reimbursement Obligation for such drawing that the Borrower intends to reimburse the applicable Issuing Lender for such Unreimbursed L/C Amount, each Lender will be deemed to have received a timely Borrowing Request that such Lender make a Loan on such date in the amount of such Lender’s Pro Rata Share of the Unreimbursed L/C Amount, and the Lenders shall make such requested Borrowing, the proceeds of which shall be applied to reimburse such Issuing Lender for the Unreimbursed L/C Amount. Each Lender acknowledges and agrees that its obligation to fund a Loan in accordance with this Section 2.17(e) to reimburse any Issuing Lender for any draft paid under a Letter of Credit is absolute and unconditional and shall not be affected by any circumstance whatsoever, including, without limitation, non-satisfaction of the conditions set forth in Sections 2.01, 2.02 or 3.02. If the Borrower has elected to pay the Unreimbursed L/C Amount with funds from other sources and shall fail to reimburse the applicable Issuing Lender as provided above, (i) such Unreimbursed L/C Amount shall bear interest at the rate which would be payable on demand by the Borrower with interest thereon computed (i) Principal Balance of any Tranche which was then overdue from the date on which such amounts become payable (whether at stated maturity, by acceleration or otherwise) until payment in full and (ii), such Issuing Lender may, in its sole discretion, request that the Lenders make a Loan of such Unreimbursed L/C Reimbursement Obligation arose Amount and each Lender will be deemed to have received a timely Borrowing Request that such Lender make a Loan on the date of such request in the amount of such Lender’s Pro Rata Share of such Unreimbursed L/C Reimbursement DateAmount, at and the interest rate applicable during Conduit Lenders may, or, if the related Conduit Lender opts not to make such period Loan or there is no Conduit Lender with respect to Revolving Loans that are Base Rate Loans and (ii) thereafter until payment in fulla Lender Group, at the interest rate applicable during Committed Lenders shall make such period requested Loan, the proceeds of which shall be applied to past due Revolving Loans that are Base Rate Loansreimburse such Issuing Lender for such Unreimbursed L/C Amount.
Appears in 2 contracts
Samples: Loan and Servicing Agreement (Newell Brands Inc.), Loan and Servicing Agreement (Newell Brands Inc)
Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of any Letter of Credit Credit, or to Revolver Agent for the benefit of such L/C Issuer, each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first Business Day after the Borrower receives notice from such L/C Issuer or from Revolver Agent that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (iA) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation is not repaid by the Borrower as provided in this clause (ev) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Revolver Agent of such failure (and, upon receipt of such notice, the Administrative Revolver Agent shall forward a copy to notify each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by the Borrower with interest thereon computed (iA) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate Loans (it being understood and agreed that no interest shall accrue with respect to the day upon which such payment is made under such Letter of Credit to the extent Borrower pays to the Revolver Agent or the applicable L/C Issuer, as applicable, such L/C Reimbursement Obligation on such date) and (iiB) thereafter until payment in full, at the interest rate applicable during such period specified in Section 1.3(c) to past due Revolving Loans that are Base Rate LoansLoans (regardless of whether or not an election is made under such Section). The Revolver Agent shall use commercially reasonable efforts to provide the Borrower with notice that the L/C Issuer has honored a drawing under a Letter of Credit not later than the first Business Day following the date of such honoring.
Appears in 2 contracts
Samples: Credit Agreement (Truck Hero, Inc.), Credit Agreement (TA THI Parent, Inc.)
Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of any Letter of Credit Credit, or to the Agent for the benefit of such L/C Issuer, each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first one Business Day after the Borrower receives written (including electronic) notice from such L/C Issuer or from the Agent that payment has been made under such Letter of Credit (provided that, if such notice is received after 3:00 p.m. (New York time) on any such day, the Borrower shall pay such L/C Reimbursement Obligation no later than the second Business Day after receipt of such notice) or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (iA) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation is not repaid by the Borrower as provided in this clause (ev) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to notify each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by the Borrower with interest thereon computed (iA) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate Loans and (iiB) unless repaid with deemed Revolving Loans in accordance with clause (vi) below, thereafter until payment in full, at the interest rate applicable during such period specified in Section 1.3(c) to past due Revolving Loans that are Base Rate LoansLoans (regardless of whether or not an election is made under such Section) (it being understood that the payment of such L/C Reimbursement Obligation will be deemed satisfied with the proceeds of Revolving Loans to the extent provided in clause (vi) below).
Appears in 2 contracts
Samples: Credit Agreement (Lulu's Fashion Lounge Holdings, Inc.), Credit Agreement (Lulu's Fashion Lounge Holdings, Inc.)
Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of any Letter of Credit Credit, or to Agent for the benefit of such L/C Issuer, each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first Business Day after the Borrower receives notice from such L/C Issuer or from Agent that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (iA) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation is not repaid by the Borrower as provided in this clause (ev) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to notify each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by the Borrower with interest thereon computed (iA) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate Loans and (iiB) thereafter thereafter, until payment in full, at the interest rate applicable during such period to past due Revolving Loans that are Base Rate Loans.
Appears in 2 contracts
Samples: Credit Agreement (Constellium N.V.), Credit Agreement (Constellium N.V.)
Reimbursement Obligations of the Borrower. Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the applicable L/C Issuer shall notify the Borrower and Agent thereof. The Borrower (on behalf of itself or the applicable Restricted Subsidiary) agrees to pay (and cause the applicable Restricted Subsidiary to pay) to the L/C Issuer of any Letter of Credit Credit, or to Agent for the benefit of such L/C Issuer, each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first Business Day after the Borrower (or the applicable Restricted Subsidiary) receives notice from such L/C Issuer or from Agent that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (iA) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation is not repaid by the Borrower (or the applicable Restricted Subsidiary) as provided in this clause (ev) (or any such payment by the Borrower (or the applicable Restricted Subsidiary) is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to notify each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be deemed to be a request of Revolving Loans consisting of Base Rate Loans in an amount equal to such L/C Reimbursement Obligation, and shall be payable on demand by the Borrower (or the applicable Restricted Subsidiary) with interest thereon computed computed, (iA) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate Loans (provided, no interest shall accrue with respect to the day upon which Borrower (or the applicable Restricted Subsidiary) receives notice of such L/C Reimbursement Obligation to the extent Borrower (or the applicable Restricted Subsidiary) makes payment to Agent or the L/C Issuer, as applicable, in respect of such L/C Reimbursement Obligation on the date the Borrower receives such notice) and (iiB) thereafter until payment in full, at the interest rate applicable during such period specified in Section 1.3(c) to past due Revolving Loans that are Base Rate LoansLoans (regardless of whether or not an election is made under such Section). The Borrowing deemed to occur pursuant to this clause (v) shall be subject to the amount of the unutilized portion of the Revolving Loan Commitments and the conditions set forth in Section 2.2 (other than the delivery of a Notice of Borrowing). Any notice given by the applicable L/C Issuer or Agent pursuant to this clause (v) may be given by telephone if immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 2 contracts
Samples: Credit Agreement (R1 RCM Inc. /DE), Credit Agreement (R1 RCM Inc. /DE)
Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of any Letter of Credit Credit, or to Agent for the benefit of such L/C Issuer, each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first Business Day after the Borrower receives notice from such L/C Issuer or from Agent that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (iA) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation is not repaid by the Borrower as provided in this clause (ev) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to notify each Original Revolving Credit LenderLender and the Borrower) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable in cash on demand by the Borrower with interest thereon computed (iA) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Original Revolving Loans that are Base Rate Loans and (iiB) thereafter until payment in full, at the interest rate applicable during such period specified in Section 1.3(c) to past due Original Revolving Loans that are Base Rate LoansLoans (regardless of whether or not an election is made under such Section).
Appears in 2 contracts
Samples: Credit Agreement (Spinal Elements Holdings, Inc.), Credit Agreement (Spinal Elements Holdings, Inc.)
Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of any Letter of Credit Credit, or to Agent for the benefit of such L/C Issuer, each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first Business Day after the Borrower receives notice from such L/C Issuer or from Agent that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (iA) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation is not repaid by the Borrower as provided in this clause (ev) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to notify each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by the Borrower with interest thereon computed (iA) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate Loans and (iiB) thereafter until payment in full, at the interest rate applicable during such period to past due Revolving Loans that are Base Rate Loans.
Appears in 2 contracts
Samples: Credit Agreement (Radioshack Corp), Credit Agreement (WII Components, Inc.)
Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of any Letter of Credit Credit, or to Administrative Agent for the benefit of such L/C Issuer, each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than (i) the first immediately following Business Day after if the Borrower receives notice from such L/C Issuer or from Administrative Agent that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due before 10:00 a.m. Eastern time on the date such L/C Reimbursement Obligation becomes due or (ii) otherwise, the second Business Day following the date on which such the Borrower receives any such notice from the L/C Issuer or from Administrative Agent (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (iA) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation is not repaid by the Borrower as provided in this clause (ev) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to notify each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by the Borrower on demand with interest thereon computed (iA) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate Eurodollar Loans and (iiB) thereafter until payment in fullfull (including by way of the conversion of the relevant L/C Reimbursement Obligation to a Revolving Loan as provided in Section 3.1(f) below), at the interest rate applicable during such period specified in Section 2.12(c) to past due Revolving Loans that are Base Rate LoansABR Loans (regardless of whether or not an election is made under such Section).
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (DoubleVerify Holdings, Inc.), Amendment and Restatement Agreement (DoubleVerify Holdings, Inc.)
Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer Issuing Bank of any Letter of Credit each L/C LC Reimbursement Obligation owing with respect to such Letter of Credit no later than on the first Business Day after the Borrower receives notice from such L/C Issuer Issuing Bank that payment has been made under such Letter of Credit or that such L/C LC Reimbursement Obligation is otherwise due if such notice shall have been received by the Borrower before 11:00 a.m., New York City time on such Business Day or if not received by the Borrower before 11:00 a.m., New York City time, then no later than 3:00 p.m., New York City time, on the next Business Day (the “L/C LC Reimbursement Date”) with interest thereon computed as set forth in clause (iA) below. In the event that any L/C Issuer incurs any L/C LC Reimbursement Obligation is not repaid by the Borrower as provided in this clause (e) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer Issuing Bank shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C LC Reimbursement Obligation shall be payable on demand by the Borrower with interest thereon computed (iA) from the date on which such L/C LC Reimbursement Obligation arose to the L/C LC Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate ABR Loans and (iiB) thereafter until payment in full, at the interest rate applicable during such period to past due Revolving Loans that are Base Rate ABR Loans.
Appears in 2 contracts
Samples: First Lien Amending Agreement (CPI Card Group Inc.), First Lien Credit Agreement (CPI Card Group Inc.)
Reimbursement Obligations of the Borrower. The Borrower unconditionally and irrevocably agrees to pay reimburse the Issuing Lender on each date on which either the Issuing Lender or the Agent notifies the Borrower of an LC Disbursement for the amount of the LC Disbursement, including but not limited to the L/C Issuer amount of any draft so paid and any taxes, charges, or other costs or expenses incurred by the Issuing Lender in connection with such payment. Interest shall be payable on any and all amounts remaining unpaid by the Borrower under this Section from the date such amounts become payable hereunder until payment in full at the Adjusted Base Rate. Each drawing under any Letter of Credit each L/C Reimbursement Obligation owing with respect shall be deemed to such Letter of Credit no later than the first Business Day after the Borrower receives notice from such L/C Issuer that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (i) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation not repaid automatically constitute a request by the Borrower as provided to the Agent for an Adjusted Base Rate Borrowing of proceeds of the Revolving Loans in this clause (e) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent amount of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy drawing to each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable made on demand by the Borrower with interest thereon computed (i) from the date on which either the Issuing Lender or the Agent notifies the Borrower of the drawing, and the proceeds of such L/C Reimbursement Obligation arose Adjusted Base Rate Borrowing shall be advanced directly by the Agent to the L/C Reimbursement Date, at Issuing Lender for application to the interest rate applicable during such period to Revolving Loans that are Base Rate Loans and (ii) thereafter until payment Borrower’s reimbursement obligations set forth in full, at the interest rate applicable during such period to past due Revolving Loans that are Base Rate Loansthis Section.
Appears in 2 contracts
Samples: Credit Agreement (Lecroy Corp), Credit Agreement (Lecroy Corp)
Reimbursement Obligations of the Borrower. The Borrower agrees If either (x) Administrative Agent shall make a payment to pay to the an L/C Issuer pursuant to a Support Agreement, or (y) any Lender shall honor any draw request under, and make payment in respect of, a Letter of Credit, (i) the Borrower shall promptly reimburse Administrative Agent or such Lender, as applicable, for the amount of such payment or (ii) if such payment has not been made, Borrower shall be deemed to have immediately requested that Revolving Lenders make a Revolving Loan, which shall be a Base Rate Loan, in a principal amount equal to the amount of such payment. Administrative Agent shall promptly notify Revolving Lenders of any Letter of Credit such deemed request and each L/C Reimbursement Obligation owing with respect Revolving Lender hereby agrees to such Letter of Credit no make available to Administrative Agent not later than noon on the first Business Day following such notification from Administrative Agent such Revolving Lender’s Pro Rata Share of such Revolving Loan. Each Revolving Lender hereby absolutely and unconditionally agrees to fund such Revolving Lender’s Pro Rata Share of the Loan described in the immediately preceding sentence, unaffected by any circumstance whatsoever, including (without limitation) (i) the occurrence and continuance of a Default or Event of Default, (ii) the fact that, whether before or after giving effect to the Borrower receives notice from making of any such Revolving Loan, the Revolving Exposure exceeds or will exceed the Revolving Commitment and/or (iii) the non-satisfaction of any conditions set forth in Section 4.02. Administrative Agent hereby agrees to apply the gross proceeds of each Revolving Loan deemed made pursuant to this Section 2.03(c) in satisfaction of the Borrower’s reimbursement obligations arising pursuant to this Section 2.03(c) or pay such proceeds to any L/C Issuer that has honored any draw request under, and made a payment has been made under such in respect of, a Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (i) belowCredit. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation not repaid The Borrower shall pay interest, on demand, on all amounts so paid by Administrative Agent for each day until the Borrower as provided in this clause (e) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify reimburses the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward therefor at a copy to each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by the Borrower with interest thereon computed (i) from the date on which such L/C Reimbursement Obligation arose rate per annum equal to the L/C Reimbursement Date, at sum of two percent (2%) plus the interest rate applicable during such period to Revolving Loans that are Base Rate Loans and (ii) thereafter until payment in full, at the interest rate applicable during such period to past due Revolving Loans that which are Base Rate Loans) for such day.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Providence Service Corp), Credit and Guaranty Agreement (Providence Service Corp)
Reimbursement Obligations of the Borrower. The (i) Upon the making of any LC Advance, the Borrower agrees shall be obligated (whether from funds in the Letter of Credit Collateral Account or other sources or funds) to pay reimburse, in same day funds, in U.S. dollars, the LC Issuer for the amount of any LC Advance and any taxes and any reasonable fees, charges or other costs or expenses incurred by the LC Issuer in connection with the related Letter of Credit (collectively, the “LC Amounts”). Upon the making of any LC Advance, the LC Issuer shall withdraw funds from the Letter of Credit Collateral Account (if any) in an amount equal to the L/C Issuer LC Amounts resulting from such LC Advance (or if the balance of funds on deposit in such account at such time is less than such LC Amounts, such lesser amount) and apply the amount so withdrawn against the LC Amounts resulting from such LC Advance. If the reimbursement obligation as to the LC Amounts is not satisfied by withdrawal of funds on deposit in the Letter of Credit Collateral Account, the Borrower shall reimburse such amounts by obtaining a Loan pursuant to Section 1.6(d)(ii) below.
(ii) Upon receipt from the beneficiary of any Letter of Credit each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first Business Day after the Borrower receives any notice from such L/C Issuer that of a drawing or demand for payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (Credit, the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (i) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation not repaid by the Borrower as provided in this clause (e) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C LC Issuer shall promptly notify the Administrative Lender, the Agent and the Borrower of the date and amount thereof (such notice hereinafter referred to as a “Notice of LC Draw”). Each Notice of LC Draw shall set forth the amount of the requested drawing or demand, the amount of funds then on deposit in the Letter of Credit Collateral Account, and the amount of any unreimbursed LC Amount that will remain after the LC Issuer withdraws funds from the Letter of Credit Collateral Account pursuant to Section 1.6(d)(i) (such amount, the “Unreimbursed LC Amount”). Upon receipt of a Notice of LC Draw, (x) the Agent and the Lender will be deemed to have received a timely Borrowing Request that the Lender make a Loan on such date in the amount of the Unreimbursed LC Amount, and (y) if the conditions precedent to Credit Extensions set forth in Section 6.2 have been met, the Lender shall make such requested Loan, the proceeds of which shall be applied to reimburse the LC Issuer for the Unreimbursed LC Amount. If a Loan cannot be made to reimburse the LC Issuer for the Unreimbursed LC Amount because the conditions precedent to Credit Extensions set forth in Section 6.2 have not been met, the Borrower shall be obligated to immediately reimburse the LC Issuer for such Unreimbursed LC Amount from other sources or funds. If the Borrower shall not have satisfied its obligation to reimburse the LC Issuer for the Unreimbursed LC Amount from other sources or funds, the LC Issuer shall promptly notify the Agent and the Lender of such failure non-payment and the Lender shall reimburse the LC Issuer for the Unreimbursed LC Amount (and, upon receipt of a “Lender Reimbursement Payment”). If the Lender makes any such noticeLender Reimbursement Payment to reimburse the LC Issuer for the Unreimbursed LC Amount pursuant to the foregoing sentence, the Administrative Agent shall forward a copy amounts payable pursuant to each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand then outstanding reimbursement obligations owed by the Borrower with interest thereon computed (i) from the date on which such L/C Reimbursement Obligation arose to the L/C LC Issuer shall be paid to the Lender to reimburse the Lender for the Lender Reimbursement DatePayment made to the LC Issuer. If the Borrower is obligated to reimburse the LC Issuer for an Unreimbursed LC Amount from other sources or funds as provided above, and the Borrower shall fail to reimburse the LC Issuer for such Unreimbursed LC Amount in full or a Lender Reimbursement Payment is made by the Lender, such Unreimbursed LC Amount and/or Lender Reimbursement Payment, as applicable, shall bear interest at the interest rate applicable during such period to Revolving Loans that are Base Default Rate Loans and (ii) thereafter until payment in full. The Lender acknowledges and agrees that its obligation to make a Lender Reimbursement Payment in accordance with this Section 1.6(d)(ii) is absolute and unconditional and shall not be affected by any circumstance whatsoever, at including, without limitation, non-satisfaction of the interest rate applicable during such period to past due Revolving Loans that are Base Rate Loansconditions set forth in Sections 1.1, 1.2 or 6.2.
Appears in 2 contracts
Samples: Receivables Loan Agreement (Arcbest Corp /De/), Receivables Loan Agreement (Arkansas Best Corp /De/)
Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of any Letter of Credit each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first Business Day after the Borrower receives notice from such L/C Issuer that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “"L/C Reimbursement Date”") with interest thereon computed as set forth in clause (i) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation not repaid by the Borrower as provided in this clause (e) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by the Borrower with interest thereon computed (i) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate Loans and (ii) thereafter until payment in full, at the interest rate applicable during such period to past due Revolving Loans that are Base Rate Loans.
Appears in 1 contract
Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of any Letter of Credit Credit, or to Agent for the benefit of such L/C Issuer, each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first Business Day after the Borrower receives notice from such L/C Issuer or from Agent that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (iA) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation is not repaid by the Borrower as provided in this clause (ev) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to notify each Orig inal Revolving Credit LenderLender and the Borrower) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable in cash on demand by the Borrower with interest thereon computed (iA) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Or iginal Revolving Loans that are Base Rate Loans and (iiB) thereafter until payment in full, at the interest rate applicable during such period specified in Section 1.3(c) to past due Origin al Revolving Loans that are Base Rate LoansLoans (regardless of whether or not an election is made under such Section).
Appears in 1 contract
Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of any Letter of Credit Credit, or to Agent for the benefit of such L/C Issuer, each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first Business Day after the Borrower receives notice from such L/C Issuer or from Agent that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (iA) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation is not repaid by the Borrower as provided in this clause (ev) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to notify each Revolving Credit LenderLender and the Borrower) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable in cash on demand by the Borrower with interest thereon computed (iA) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate Loans and (iiB) thereafter until payment in full, at the interest rate applicable during such period specified in Section 1.3(c) to past due Revolving Loans that are Base Rate LoansLoans (regardless of whether or not an election is made under such Section).
Appears in 1 contract
Reimbursement Obligations of the Borrower. The Borrower agrees to pay to reimburse each Issuing Lender, on each date on which such Issuing Lender notifies the L/C Issuer Borrower of the date and amount of a draft presented under any Letter of Credit each L/C Reimbursement Obligation owing and paid by such Issuing Lender, for the amount of (a) such draft so paid 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"). Each such payment shall be made to such Issuing Lender at its address for notices specified herein in lawful money of the United States of America and in immediately available funds. Interest shall be payable on each Payment Amount from the date of the applicable drawing until payment in full at the rate set forth in (i) until the second Business Day following the date of the applicable drawing, Section 2.13(b) and (ii) thereafter, Section 2.13(c). Each drawing under any Letter of Credit no later than shall (unless an event of the first Business Day after the Borrower receives notice from such L/C Issuer that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as set forth type described in clause (i) below. In or (ii) of Section 8(f) shall have occurred and be continuing with respect to the event that any Borrower, in which case the procedures specified in Section 3.4 for funding by L/C Issuer incurs any L/C Reimbursement Obligation not repaid Participants shall apply) constitute a request by the Borrower as provided in this clause (e) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify to the Administrative Agent for a borrowing pursuant to Section 2.5 of such failure Base Rate Loans (andor, upon receipt at the option of such notice, the Administrative Agent shall forward and the Swing Line Lender in their sole discretion, a copy borrowing pursuant to each Revolving Credit LenderSection 2.24 of Swing Line Loans) and, irrespective in the amount of whether such notice is given, drawing. The Borrowing Date with respect to such L/C Reimbursement Obligation borrowing shall be payable on demand by the Borrower with interest thereon computed (i) from the first date on which a borrowing of Revolving Credit Loans (or, if applicable, Swing Line Loans) could be made, pursuant to Section 2.5 (or, if applicable, Section 2.24), if the Administrative Agent had received a notice of such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, borrowing at the interest rate applicable during time the Administrative Agent receives notice from the relevant Issuing Lender of such period to Revolving Loans that are Base Rate Loans and (ii) thereafter until payment in full, at the interest rate applicable during drawing under such period to past due Revolving Loans that are Base Rate LoansLetter of Credit."
Appears in 1 contract
Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of any Letter of Credit each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first Business Day after the Borrower receives notice from such L/C Issuer that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (iA) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation not repaid by the Borrower as provided in this clause (ev) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by the Borrower with interest thereon computed (iA) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate Loans and (iiB) thereafter until payment in full, at the interest rate applicable during such period to past due Revolving Loans that are Base Rate Loans.
Appears in 1 contract
Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of any Letter of Credit each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first Business Day after the Borrower receives notice from such L/C Issuer that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “"L/C Reimbursement Date”") with interest thereon computed as set forth in clause clauses (i) and (ii) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation not repaid by the Borrower as provided in this clause (e) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by the Borrower with interest thereon computed (i) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate Loans and (ii) thereafter until payment in full, at the interest rate applicable during such period to past due Revolving Loans that are Base Rate Loans.
Appears in 1 contract
Samples: Credit Agreement (Goamerica Inc)
Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of If any draft is paid under any Letter of Credit each L/C Reimbursement Obligation owing Credit, the Borrower shall reimburse the applicable Issuing Lender for the amount of (a) the draft so paid and (b) any taxes, fees, charges or other costs or expenses incurred by such Issuing Lender in connection with respect to such Letter of Credit no payment, not later than 12:00 Noon, New York City time, on (i) the first Business Day after that the Borrower receives notice from of such L/C Issuer that payment has been made under draft, if such Letter of Credit notice is received on such day prior to 10:00 A.M., New York City time, or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”ii) with interest thereon computed as set forth in if clause (i) below. In above does not apply, the event Business Day immediately following the day that any L/C Issuer incurs any L/C Reimbursement Obligation not repaid by the Borrower as provided in this clause receives such notice (e) (or any each such date, an “Honor Date”). Each such payment by shall be made to the Borrower is rescinded or set aside applicable Issuing Lender at its address for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy notices referred to each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation herein in Dollars and in immediately available funds. Interest shall be payable on demand by any such amounts (except to the Borrower with interest thereon computed (iextent deemed converted to a Revolving Loan as provided below) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate Loans and (ii) thereafter relevant draft is paid until payment in full, full at the interest rate applicable during set forth in (x) until the Business Day next succeeding the date of the relevant notice, Section 3.4(b) and (y) thereafter, Section 3.4(c). If the Borrower fails to so reimburse any Issuing Lender by the Honor Date, the Administrative Agent shall promptly notify each Revolving Lender of the Honor Date, the amount of the unreimbursed drawing and the amount of such period Revolving Lender’s Revolving Percentage thereof. In such event, the Borrower shall be deemed to past due have requested a Revolving Loan of ABR Loans to be disbursed on the Honor Date in an amount equal to the unreimbursed drawing, without regard to the minimums and multiples specified in Section 2.2 for the principal amount of ABR Loans, but subject to the amount of unutilized portion of the aggregate Available Revolving Commitment and the conditions set forth in Section 5.2 (other than delivery of a notice of borrowing); provided, that if the conditions set forth in Section 5.2 are Base Rate Loansnot satisfied at such time, then no Revolving Loan shall be deemed requested and the Borrower shall not be relieved from its Reimbursement Obligations.
Appears in 1 contract
Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of any Letter of Credit each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first Business Day after the Borrower receives notice from such L/C Issuer that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “"L/C Reimbursement Date”") with interest thereon computed as set forth in clause (iA) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation not repaid by the Borrower as provided in this clause (ev) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by the Borrower with interest thereon computed (iA) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate Loans and (iiB) thereafter until payment in full, at the interest rate applicable during such period to past due Revolving Loans that are Base Rate Loans.
Appears in 1 contract
Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of any Letter of Credit Credit, or to Administrative Agent for the benefit of such L/C Issuer, each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than (i) the first immediately following Business Day after if the Borrower receives notice from such L/C Issuer or from Administrative Agent that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due before 10:00 a.m. Eastern time on the date such L/C Reimbursement Obligation becomes due or (ii) otherwise, the second Business Day following the date on which such the Borrower receives any such notice from the L/C Issuer or from Administrative Agent (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (iA) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation is not repaid by the Borrower as provided in this clause (ev) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to notify each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by the Borrower on demand with interest thereon computed (iA) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate EurodollarSOFR Loans and (iiB) thereafter until payment in fullfull (including by way of the conversion of the relevant L/C Reimbursement Obligation to a Revolving Loan as provided in Section 3.1(f) below), at the interest rate applicable during such period specified in Section 2.12(c) to past due Revolving Loans that are Base Rate Loans.ABR Loans (regardless of whether or not an election is made under such Section).
Appears in 1 contract
Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of ofLC Facility Lender that has Issued (or caused to be Issued) any Letter of Credit Credit, or to Agent for the benefit of such L/C IssuerLC Facility Lender, each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first Business Day (or such later day as may be specified in the notice from such LC Facility Lender) after the Borrower receives notice from such L/C Issuer IssuerLC Facility Lender or from Agent that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (iA) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation is not repaid by the Borrower as provided in this clause (ev) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer IssuerLC Facility Lender shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to notify each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by the Borrower with interest thereon computed (iA) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate Loans and (iiB) thereafter until payment in full, at the interest rate applicable during such period to past due Revolving Loans that are Base Rate Loans.
Appears in 1 contract
Samples: Credit Agreement (Radioshack Corp)
Reimbursement Obligations of the Borrower. The If the Issuing Lender shall make any LC Disbursement in respect of a Letter of Credit, the Borrower agrees to pay shall reimburse such LC Disbursement by paying to the L/C Issuer of any Letter of Credit each L/C Reimbursement Obligation owing with respect Agent an amount equal to such Letter of Credit no LC Disbursement not later than 12:00 noon, New York City time, on the first date that such LC Disbursement is made, if the Borrower shall have received notice of such LC Disbursement prior to 10:00 a.m., New York City time, on such date, or, if such notice has not been received by the Borrower prior to such time on such date, then not later than 12:00 noon, New York City time, on (i) the Business Day after that the Borrower receives such notice, if such notice from such L/C Issuer is received prior to 10:00 a.m., New York City time, on the day of receipt, or (ii) the Business Day immediately following the day that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (i) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation not repaid by the Borrower as provided in this clause (e) (or any receives such notice, if such notice is not received prior to such time on the day of receipt. If the Borrower fails to make such payment by when due, the Agent shall notify each Deposit Lender of the applicable LC Disbursement, the payment then due from the Borrower is rescinded or set aside for any reason), in respect thereof and such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon Lender’s Deposit Percentage thereof. Promptly following receipt of such notice, each Deposit Lender shall pay to the Administrative Agent its Deposit Percentage of the payment then due from the Borrower, in the manner provided in Section 2.14, and the Agent shall forward a copy promptly pay to each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand the Issuing Lender the amounts so received by it from the Deposit Lenders. Promptly following receipt by the Borrower with interest thereon computed (i) Agent of any payment from the date on which Borrower pursuant to this paragraph, the Agent shall distribute such L/C Reimbursement Obligation arose payment to the L/C Reimbursement DateIssuing Lender or, at to the interest rate applicable during such period extent that Lenders have made payments pursuant to Revolving Loans that are Base Rate Loans this paragraph to reimburse the Issuing Lender, then to the Issuing Lender and (iiin accordance with Section 2.14) thereafter until to such Lenders, as their interests may appear. Any payment in full, at made by a Deposit Lender pursuant to this paragraph to reimburse the interest rate applicable during Issuing Lender for any LC Disbursement shall not constitute a Loan and shall not relieve the Borrower of its obligation to reimburse such period to past due Revolving Loans that are Base Rate LoansLC Disbursement.
Appears in 1 contract
Samples: First Lien Term Loan and Guaranty Agreement (Tower Automotive, LLC)
Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of LC Facility Lender that has Issued (or caused to be Issued) any Letter of Credit Credit, or to Agent for the benefit of such LC Facility Lender, each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first Business Day (or such later day as may be specified in the notice from such LC Facility Lender) after the Borrower receives notice from such L/C Issuer LC Facility Lender or from Agent that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (iA) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation is not repaid by the Borrower as provided in this clause (ev) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer LC Facility Lender shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by the Borrower with interest thereon computed (iA) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate Loans and (iiB) thereafter until payment in full, at the interest rate applicable during such period to past due Revolving Loans that are Base Rate Loans.
Appears in 1 contract
Samples: Debtor in Possession Credit Agreement (Radioshack Corp)
Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of any Letter of Credit each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first Business Day after the Borrower receives notice from such L/C Issuer that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (i) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation not repaid by the Borrower as provided in this clause (e) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Applicable Administrative Agent of such failure (and, upon receipt of such notice, the Applicable Administrative Agent shall forward a copy to each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by the Borrower with interest thereon computed (i) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate Loans and (ii) thereafter until payment in full, at the interest rate applicable during such period to past due Revolving Loans that are Base Rate Loans.
Appears in 1 contract
Samples: Credit Agreement (Alere Inc.)
Reimbursement Obligations of the Borrower. Upon receipt from the beneficiary of any Letter of Credit of any notice of a drawing under such Letter of Credit, the applicable L/C Issuer shall notify the Borrower and Agent thereof. The Borrower (on behalf of itself or the applicable Restricted Subsidiary) agrees to pay (and cause the applicable Restricted Subsidiary to pay) to the L/C Issuer of any Letter of Credit Credit, or to Agent for the benefit of such L/C Issuer, each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first Business Day after the Borrower (or the applicable Restricted Subsidiary) receives notice from such L/C Issuer or from Agent that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (iA) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation is not repaid by the Borrower (or the applicable Restricted Subsidiary) as provided in this clause (ev) (or any such payment by the Borrower (or the applicable Restricted Subsidiary) is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to notify each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be deemed to be a request of Revolving Loans consisting of Base Rate Loans in an amount equal to such L/C Reimbursement Obligation, and shall be payable on demand by the Borrower with (or the applicable Restricted Subsidiary) with, interest thereon computed computed, (iA) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate Loans (provided, no interest shall accrue with respect to the day upon which Borrower (or the applicable Restricted Subsidiary) receives notice of such L/C Reimbursement Obligation to the extent Borrower (or the applicable Restricted Subsidiary) makes payment to Agent or the L/C Issuer, as applicable, in respect of such L/C Reimbursement Obligation on the date the Borrower receives such notice) and (iiB) thereafter until payment in full, at the interest rate applicable during such period specified in Section 1.3(c) to past due Revolving Loans that are Base Rate LoansLoans (regardless of whether or not an election is made under such Section). The Borrowing deemed to occur pursuant to this clause (v) shall be subject to the amount of the unutilized portion of the Revolving Loan Commitments and the conditions US-DOCS\99983253.20 set forth in Section 2.2 (other than the delivery of a Notice of Borrowing). Any notice given by the applicable L/C Issuer or Agent pursuant to this clause (v) may be given by telephone if immediately confirmed in writing; provided that the lack of such an immediate confirmation shall not affect the conclusiveness or binding effect of such notice.
Appears in 1 contract
Samples: Credit Agreement (R1 RCM Inc.)
Reimbursement Obligations of the Borrower. The Borrower agrees to pay to reimburse each Issuing Lender, on each date on which such Issuing Lender notifies the L/C Issuer Borrower of the date and amount of a draft presented under any Letter of Credit each L/C Reimbursement Obligation owing and paid by such Issuing Lender, for the amount of (a) such draft so paid 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”). Each such payment shall be made to such Issuing Lender at its address for notices specified herein in lawful money of the United States of America and in immediately available funds. Interest shall be payable on each Payment Amount from the date of the applicable drawing until payment in full at the rate set forth in (i) until the second Business Day following the date of the applicable drawing, Section 2.13(b) and (ii) thereafter, Section 2.13(c). Each drawing under any Letter of Credit no later than shall (unless an event of the first Business Day after the Borrower receives notice from such L/C Issuer that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as set forth type described in clause (i) below. In or (ii) of Section 8(f) shall have occurred and be continuing with respect to the event that any Borrower, in which case the procedures specified in Section 3.4 for funding by L/C Issuer incurs any L/C Reimbursement Obligation not repaid Participants shall apply) constitute a request by the Borrower as provided in this clause (e) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify to the Administrative Agent for a borrowing pursuant to Section 2.5 of Base Rate Loans (or, at the option of the Administrative Agent and the Swing Line Lender in their sole discretion, a borrowing pursuant to Section 2.24 of Swing Line Loans) in the amount of such failure drawing. The Borrowing Date with respect to such borrowing shall be the first date on which a borrowing of Revolving Credit Loans (or, if applicable, Swing Line Loans) could be made, pursuant to Section 2.5 (or, if applicable, Section 2.24), if the Administrative Agent had received a notice of such borrowing at the time the Administrative Agent receives notice from the relevant Issuing Lender of such drawing under such Letter of Credit.”
12. Amendment to Section 4.16 of the Credit Agreement (Use of Proceeds). Section 4.16 of the Credit Agreement is hereby amended by deleting the second sentence thereof and substituting in lieu therefore the following: “The proceeds of the Revolving Credit Loans and the Swing Line Loans, and the Letters of Credit shall be used for general corporate purposes; provided that, up to $10,000,000 of Revolving Credit Loans may be borrowed on the Effective Date to finance a portion of the Transactions, the Delek US Dividend and to pay related fees and expenses.”
13. Amendment to Section 10.1 of the Credit Agreement (Amendments and Waivers). Section 10.1 of the Credit Agreement is hereby amended by (a) deleting the “or” at the end of clause (vii) to the proviso in the first paragraph of Section 10.1, (b) deleting the period at the end of clause (viii) to the proviso in the first paragraph of Section 10.1 and substituting in lieu thereof”; or” and (c) inserting the following new clause (ix) to the proviso in the first paragraph of Section 10.1 in the appropriate order: “(ix) amend, modify or waive any provision of Section 2.23 or 2.24 without the consent of the Swing Line Lender.”
14. Amendment to Section 10.6 of the Credit Agreement (Successors and Assigns; Participations and Assignments). Section 10.6(c) of the Credit Agreement is hereby amended by (a) inserting the words “and the Swing Line Lender” after the words “the written consent of the Issuing Lender”, and (b) deleting the words “(and, upon receipt where the consent of such noticethe Borrower, the Administrative Agent shall forward a copy or the Issuing Lender is required pursuant to each Revolving Credit Lender) andthe foregoing provisions, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by the Borrower with interest thereon computed and such other Persons)” and substituting in lieu thereof the words “(i) from and, where the date on which such L/C Reimbursement Obligation arose consent of the Borrower, the Administrative Agent, the Issuing Lender or the Swing Line Lender is required pursuant to the L/C Reimbursement Dateforegoing provisions, at by the interest rate applicable during Borrower and such period other Persons)”.
15. Amendment to Revolving Loans that are Base Rate Loans and Exhibits to Credit Agreement (ii) thereafter until payment Form of Swing Line Note). The Credit Agreement is hereby amended by inserting Annex I to this Amendment as the new Exhibit G-3 to the Credit Agreement in full, at the interest rate applicable during such period to past due Revolving Loans that are Base Rate Loansappropriate order.
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Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of any Letter of Credit Credit, or to Agent for the benefit of such L/C Issuer, each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first Business Day after the Borrower receives notice from such L/C Issuer or from Agent that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (iA) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation is not repaid by the Borrower as provided in this clause (eSection 1.1(c)(v) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to notify each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by the Borrower with interest thereon computed (iA) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate Loans and (iiB) thereafter until payment in full, at the interest rate applicable during such period to past due Revolving Loans that are Base Rate Loans.
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Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of any Letter of Credit each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first Business Day after the Borrower receives notice from such L/C Issuer that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (i) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation not repaid by the Borrower as provided in this clause (e) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to each Revolving Credit Lender) and, irrespective of 39 CREDIT AGREEMENT THE PRINCETON REVIEW, INC. whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by the Borrower with interest thereon computed (i) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate Loans and (ii) thereafter until payment in full, at the interest rate applicable during such period to past due Revolving Loans that are Base Rate Loans.
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Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of any Letter of Credit Credit, or to Agent for the benefit of such L/C Issuer, each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first Business Day after the Borrower receives notice from such L/C Issuer or from Agent that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (iA) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation is not repaid by the Borrower as provided in this clause (ev) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to notify each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by the Borrower on demand with interest thereon computed (iA) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate Loans and (iiB) thereafter until payment in full, at the interest rate applicable during such period to past due Revolving Loans that are Base Rate Loans.
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Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of any Letter of Credit each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first Business Day after the Borrower receives notice from such L/C Issuer that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (iA) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation which is not repaid by the Borrower as provided in this clause (ev) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to notify each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by the Borrower with interest thereon computed (iA) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate Loans and (iiB) thereafter until payment in full, at the interest rate applicable during such period to past due Revolving Loans that are Base Rate Loans.
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Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of any Letter of Credit or, at the option of Agent, to Agent for the benefit of such L/C Issuer, each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first second Business Day after the Borrower receives notice from such L/C Issuer or from Agent that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (iA) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation is not repaid by the Borrower as provided in this clause (ev) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to notify each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by the Borrower on demand with interest thereon computed (iA) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Canadian Prime Rate Loans (if such L/C Reimbursement Obligations are denominated in Canadian Dollars) or U.S. Base Rate Loans (if such L/C Reimbursement Obligations are denominated in U.S. Dollars) and (iiB) thereafter until payment in full, at the interest rate applicable during such period to past due Revolving Loans that are Canadian Prime Rate Loans (if such L/C Reimbursement Obligations are denominated in Canadian Dollars) or U.S. Base Rate LoansLoans (if such L/C such Reimbursement Obligations are denominated in U.S. Dollars).
Appears in 1 contract
Samples: Credit Agreement (Solo Cup CO)
Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of any Letter of Credit each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first Business Day after the Borrower receives notice from such L/C Issuer that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “"L/C Reimbursement Date”") with interest thereon computed as set forth in clause (i) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation not repaid by the Borrower as provided in this clause (e) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by the Borrower with interest thereon computed (i) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate Loans and (ii) thereafter until payment in full, at the interest rate applicable during such period to past due Revolving Loans that are Base Rate Loans.
Appears in 1 contract
Samples: First Lien Credit Agreement (Inverness Medical Innovations Inc)
Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of any Letter of Credit each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first Business Day after the Borrower receives written notice from such L/C Issuer that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (iA) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation not repaid by the Borrower as provided in this clause (e) on the L/C Reimbursement Date (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by and the Borrower with interest thereon computed (i) from shall, unless the date Borrower otherwise instructs the Agent, be deemed to have requested a Revolving Loan at the Base Rate to be disbursed on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at without regard to the interest rate applicable during such period minimum specified in Section 2.5 for the principal amount of Revolving Loans, but subject to the amount of the unutilized portion of the Revolving Loans that are Base Rate Loans Loan Commitment and (ii) thereafter until payment the conditions set forth in fullSection 3.2, at the interest rate applicable during such period proceeds of which will be used to past due Revolving Loans that are Base Rate Loanssatisfy the Borrower’s L/C Reimbursement Obligations.
Appears in 1 contract
Samples: Credit Agreement (Ute Energy Upstream Holdings LLC)
Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of any Letter of Credit Credit, or to Agent for the benefit of such L/C Issuer, each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first Business Day after the Borrower receives notice from such L/C Issuer or from Agent that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (iA) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation is not repaid by the Borrower as provided in this clause (ev) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to notify each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by the Borrower with interest thereon computed (iA) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate Loans and (iiB) thereafter until payment in full, at the interest rate applicable during such period specified in Section 1.3(c) to past due Revolving Loans that are Base Rate LoansLoans (regardless of whether or not an election is made under such Section).
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Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of any Letter of Credit each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first Business Day after the Borrower receives notice from such L/C Issuer that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (i) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation not repaid by the Borrower as provided in this clause (e) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by the Borrower with interest thereon computed (i) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate Loans and (ii) thereafter until payment in full, at the interest rate applicable during such period to past due Revolving Loans that are Base Rate Loans.57 [[NYCORP:3713047v14:05/10/2018--10:17 PM]]
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Samples: Credit Agreement (White Mountains Insurance Group LTD)
Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of any Letter of Credit each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first Business Day after the Borrower receives notice from such L/C Issuer that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “"L/C Reimbursement Date”") with interest thereon computed as set forth in clause (iA) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation not repaid by the Borrower as provided in this clause (ev) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by the Borrower with interest thereon computed (iA) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate Loans and (iiB) thereafter until payment in full, at the interest rate applicable during such period to past due Revolving Loans that are Base Rate Loans.
Appears in 1 contract
Samples: Credit Agreement (Banctec Inc)
Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of any Letter of Credit Credit, or to Administrative Agent for the benefit of such L/C Issuer, each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than (i) the first immediately following Business Day after if the Borrower receives notice from such L/C Issuer or from Administrative Agent that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due before 2:00 p.m. Eastern time on the date such L/C Reimbursement Obligation becomes due or (ii) otherwise, the second Business Day following the date on which such the Borrower receives any such notice from the L/C Issuer or from Administrative Agent (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (iA) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation is not repaid by the Borrower as provided in this clause (ev) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to notify each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by the Borrower on demand with interest thereon computed (iA) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate SOFR Loans and (iiB) thereafter until payment in fullfull (including by way of the conversion of the relevant L/C Reimbursement Obligation to a Revolving Loan as provided in Section 3.1(f) below), at the interest rate applicable during such period specified in Section 2.12(c) to past due Revolving Loans that are Base Rate LoansABR Loans (regardless of whether or not an election is made under such Section).
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Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of any Letter of Credit (including pursuant to Section 1.1(b)(vi)(2) hereof), or to Agent for the benefit of such L/C Issuer, each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first Business Day after the Borrower receives notice from such L/C Issuer or from Agent that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (iA) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation is not repaid by the Borrower as provided in this clause (ev) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to notify each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by the Borrower with interest thereon computed (iA) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate Loans and (iiB) thereafter until payment in full, at the interest rate applicable during such period to past due Revolving Loans that are Base Rate Loans.
Appears in 1 contract
Samples: Credit Agreement (Unisys Corp)
Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of any Letter of Credit each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first Business Day after the Borrower receives notice from such L/C Issuer that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (iA) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation not repaid by the Borrower as provided in this clause (e) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by the Borrower with interest thereon computed (iA) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate Loans and (iiB) thereafter until payment in full, at the interest rate applicable during such period to past due Revolving Loans that are Base Rate Loans.
Appears in 1 contract
Samples: Senior Secured Debtor in Possession Credit Agreement
Reimbursement Obligations of the Borrower. The Borrower agrees to pay to the L/C Issuer of any Letter of Credit Credit, or to Agent for the benefit of such L/C Issuer, each L/C Reimbursement Obligation owing with respect to such Letter of Credit no later than the first Business Day after the Borrower receives notice from such L/C Issuer or from Agent that payment has been made under such Letter of Credit or that such L/C Reimbursement Obligation is otherwise due (the “L/C Reimbursement Date”) with interest thereon computed as set forth in clause (iA) below. In the event that any L/C Issuer incurs any L/C Reimbursement Obligation is not repaid by the Borrower as provided in this clause (eSection 1.1(c)(v) (or any such payment by the Borrower is rescinded or set aside for any reason), such L/C Issuer shall promptly notify the Administrative Agent of such failure (and, upon receipt of such notice, the Administrative Agent shall forward a copy to notify each Revolving Credit Lender) and, irrespective of whether such notice is given, such L/C Reimbursement Obligation shall be payable on demand by the Borrower with interest thereon computed (iA) from the date on which such L/C Reimbursement Obligation arose to the L/C Reimbursement Date, at the interest rate applicable during such period to Revolving Loans that are Base Rate Loans and (iiB) thereafter until payment in full, at the interest rate applicable during such period to past due Revolving Loans that are Base Rate Loans.
Appears in 1 contract