Common use of Reimbursement Obligations of the Lenders Clause in Contracts

Reimbursement Obligations of the Lenders. If no Lender is a Non-Funding Lender, upon receipt of the notice described in clause (v) above from Agent, each Lender shall pay to Agent for the account of such L/C Issuer its Revolving Loan Commitment Percentage of such Letter of Credit Obligations. If any Lender is a Non-Funding Lender, that Non-Funding Lender’s Letter of Credit Obligations shall be reallocated to and assumed by the other Lenders pro rata in accordance with their Revolving Loan Commitment Percentages of the Loan (calculated as if the Non-Funding Lender’s Revolving Loan Commitment Percentage was reduced to zero and each other Lender’s Revolving Loan Commitment Percentage had been increased proportionately). If any Lender is a Non-Funding Lender, upon receipt of the notice described in clause (v) above from Agent, each Lender that is not a Non-Funding Lender shall pay to Agent for the account of such L/C Issuer its pro-rata share (increased as described in the immediately preceding sentence) of the Letter of Credit Obligations that from time to time remain outstanding; provided that no Lender shall be required to fund any amount which would result in the sum of its outstanding Revolving Loans (including Overadvances), outstanding Letter of Credit Obligations, amount of its participations in Swing Loans and its pro rata share of unparticipated amounts in Swing Loans to exceed its Revolving Loan Commitment. By making such payment (other than during the continuation of an Event of Default under subsection 7.1(f) or 7.1(g)), such Lender shall be deemed to have made a Revolving Loan to the Borrowers, which, upon receipt thereof by such L/C Issuer, the Borrowers shall be deemed to have used in whole to repay such L/C Reimbursement Obligation. Any such payment that is not deemed a Revolving Loan shall be deemed a funding by such Lender of its participation in the applicable Letter of Credit and the Letter of Credit Obligation in respect of the related L/C Reimbursement Obligations. Such participation shall not otherwise be required to be funded. Following receipt by any L/C Issuer of any payment from any Lender pursuant to this clause (vi) with respect to any portion of any L/C Reimbursement Obligation, such L/C Issuer shall promptly pay over to such Lender all duplicate payments received from Persons other than Lenders making payment on behalf of a Credit Party by such L/C Issuer with respect to such portion of such L/C Reimbursement Obligation.

Appears in 2 contracts

Samples: Credit Agreement (Talbots Inc), Credit Agreement (Talbots Inc)

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Reimbursement Obligations of the Lenders. If no Lender is a Non-Funding LenderLender (or if the only Non-Funding Lender is the L/C Issuer that issued such Letter of Credit), upon receipt of the notice described in clause paragraph (ve) above from the Administrative Agent, each Lender shall pay to the Administrative Agent for the account of such L/C Issuer its Revolving Loan Commitment Percentage Pro Rata Share of such Letter of Credit ObligationsUsage. If any Lender (other than the Lender that is the L/C Issuer that issued such Letter of Credit) is a Non-Funding Lender, that Non-Funding Lender’s Letter of Credit Obligations Usage shall be reallocated to and assumed by the other Lenders pro rata in accordance with their Revolving Loan Commitment Percentages Pro Rata Share of the Loan (calculated as if the Non-Funding Lender’s Revolving Loan Commitment Percentage Pro Rata Share was reduced to zero and each other Lender’s Revolving Loan Commitment Percentage Pro Rata Share had been increased proportionately). If any Lender (other than the Lender that is the L/C Issuer that issued such Letter of Credit) is a Non-Funding Lender, upon receipt of the notice described in clause paragraph (ve) above from the Administrative Agent, each Lender that is not a Non-Funding Lender shall pay to the Administrative Agent for the account of such L/C Issuer its pro-rata share (increased as described in the immediately preceding sentenceabove) of the Letter of Credit Obligations Usage that from time to time remain outstandingoutstanding (the aggregate amount required to be funded pursuant to this sentence by such Lenders that are not Non-Funding Lenders in excess of the amount such Lenders would have otherwise been required to fund in accordance with the first sentence of this paragraph (f) in the event there were no Non-Funding Lenders is referred to as the “Aggregate Excess Funding Amount”); provided that no Lender shall be required to fund any amount which would result in the sum of its outstanding Revolving Loans (including Overadvances), and outstanding Letter of Credit Obligations, amount of its participations in Swing Loans and its pro rata share of unparticipated amounts in Swing Loans Usage to exceed its Revolving Loan Commitment. By making such payment (other than during the continuation of an Event of Default under subsection 7.1(f11.01(g) or 7.1(g7.1(h)), such Lender shall be deemed to have made a Revolving Loan to the Borrowers, which, upon receipt thereof by such L/C Issuer, the Borrowers shall be deemed to have used in whole to repay such L/C Reimbursement Obligation. Any such payment that is not deemed a Revolving Loan shall be deemed a funding by such Lender of its participation in the applicable Letter of Credit and the Letter of Credit Obligation Usage in respect of the related L/C Reimbursement Obligations. Such participation shall not otherwise be required to be funded. Following receipt by any L/C Issuer of any payment from any Lender pursuant to this clause paragraph (vif) with respect to any portion of any L/C Reimbursement Obligation, such L/C Issuer shall promptly pay over to such Lender all duplicate payments received from Persons other than Lenders making payment on behalf of a Credit Party by such L/C Issuer with respect to such portion of such L/C Reimbursement Obligation.

Appears in 2 contracts

Samples: Revolving Credit Agreement (James River Coal CO), Revolving Credit Agreement (James River Coal CO)

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Reimbursement Obligations of the Lenders. If no Lender is a Non-Funding LenderLender (or if the only Non-Funding Lender is the L/C Issuer that issued such Letter of Credit), upon receipt of the notice described in clause paragraph (ve) above from the Administrative Agent, each Lender shall pay to the Administrative Agent for the account of such L/C Issuer its Revolving Loan Commitment Percentage Pro Rata Share of such Letter of Credit ObligationsUsage. If any Lender (other than the Lender that is the L/C Issuer that issued such Letter of Credit) is a Non-Funding Lender, that Non-Funding Lender’s Letter of Credit Obligations Usage shall be reallocated to and assumed by the other Lenders pro rata in accordance with their Revolving Loan Commitment Percentages Pro Rata Share of the Loan (calculated as if the Non-Funding Lender’s Revolving Loan Commitment Percentage Pro Rata Share was reduced to zero and each other Lender’s Revolving Loan Commitment Percentage Pro Rata Share had been increased proportionately). If any Lender is a Non-Funding Lender, upon receipt of the notice described in clause (v) above from Agent, each Lender that is not a Non-Funding Lender shall pay to Agent for the account of such L/C Issuer its pro-rata share (increased as described in the immediately preceding sentence) of the Letter of Credit Obligations that from time to time remain outstanding; provided that no Lender shall be required to fund any amount which would result in the sum of its outstanding Revolving Loans (including Overadvances), outstanding Letter of Credit Obligations, amount of its participations in Swing Loans and its pro rata share of unparticipated amounts in Swing Loans to exceed its Revolving Loan Commitment. By making such payment (other than during the continuation of an Event of Default under subsection 7.1(f11.01(g) or 7.1(g7.1(h)), such Lender shall be deemed to have made a Revolving Loan to the Borrowers, which, upon receipt thereof by such L/C Issuer, the Borrowers shall be deemed to have used in whole to repay such L/C Reimbursement Obligation. Any such payment that is not deemed a Revolving Loan shall be deemed a funding by such Lender of its participation in the applicable Letter of Credit and the Letter of Credit Obligation Usage in respect of the related L/C Reimbursement Obligations. Such participation shall not otherwise be required to be funded. Following receipt by any L/C Issuer of any payment from any Lender pursuant to this clause paragraph (vif) with respect to any portion of any L/C Reimbursement Obligation, such L/C Issuer shall promptly pay over to such Lender all duplicate payments received from Persons other than Lenders making payment on behalf of a Credit Party by such L/C Issuer with respect to such portion of such L/C Reimbursement Obligation.

Appears in 1 contract

Samples: Revolving Credit Agreement (James River Coal CO)

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