Common use of Reimbursement Obligations Clause in Contracts

Reimbursement Obligations. Upon receipt by the Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the Issuing Bank as a result of such demand and the date on which payment is to be made by the Issuing Bank to such beneficiary in respect of such demand; provided, however, that the Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the Issuing Bank for the amount of each demand for payment under such Letter of Credit at or prior to the date on which payment is to be made by the Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by the Issuing Bank of any payment in respect of any Reimbursement Obligation, the Issuing Bank shall promptly pay to each Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) such Lender’s Commitment Percentage of such payment.

Appears in 17 contracts

Samples: Revolving Credit Agreement (Ps Business Parks, Inc./Md), Revolving Credit Agreement (Ps Business Parks Inc/Ca), Revolving Credit Agreement (Ps Business Parks Inc/Ca)

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Reimbursement Obligations. Upon receipt by the an Issuing Bank from the beneficiary of a Letter of Credit issued by such Issuing Bank of any demand for payment under such Letter of Credit and such Issuing Bank’s determination that such demand for payment complies with the requirements of such Letter of Credit, the such Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the such Issuing Bank as a result of such demand and the date on which payment is to be made by the such Issuing Bank to such beneficiary in respect of such demand; provided, however, that the an Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the each applicable Issuing Bank for the amount of each demand for payment under such Letter of Credit at or prior to the date on which payment is to be made by the such Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by the an Issuing Bank of any payment in respect of any Reimbursement ObligationObligation in respect of a Letter of Credit issued by such Issuing Bank, the such Issuing Bank shall promptly pay to each Revolving Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) such Lender’s Revolving Commitment Percentage of such payment.

Appears in 12 contracts

Samples: Credit Agreement (Sunstone Hotel Investors, Inc.), Credit Agreement (Sunstone Hotel Investors, Inc.), Credit Agreement (STORE CAPITAL Corp)

Reimbursement Obligations. Upon receipt by the Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the Issuing Bank as a result of such demand and the date on which payment is to be made by the Issuing Bank to such beneficiary in respect of such demand; provided, however, that the Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the Issuing Bank for the amount of each demand for payment under such Letter of Credit at or prior to the date on which payment is to be made by the Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by the Issuing Bank of any payment in respect of any Reimbursement Obligation, the Issuing Bank shall promptly pay to each Revolving Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) such Lender’s Revolving Commitment Percentage of such payment.

Appears in 12 contracts

Samples: Revolving Credit and Term Loan Agreement (Broadstone Net Lease, Inc.), Second Amendment to Fifth Amended and Restated Credit Agreement (LGI Homes, Inc.), Credit Agreement (LGI Homes, Inc.)

Reimbursement Obligations. Upon receipt by the Issuing Bank Lender from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank Lender shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the Issuing Bank Lender as a result of such demand and the date on which payment is to be made by the Issuing Bank Lender to such beneficiary in respect of such demand; provided, however, that the Issuing BankLender’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the Agent for the account of the Issuing Bank Lender for the amount of each demand for payment under such Letter of Credit at on or prior to the date on which payment is to be made by the Issuing Bank Lender to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by the Issuing Bank Lender of any payment in respect of any Reimbursement Obligation, the Issuing Bank Lender shall promptly pay to each Lender that has acquired and funded a participation therein under the second sentence of the immediately following subsection (iSection 2.3(i) such Lender’s Commitment Percentage of such payment; provided, however, that in the event that such payment received by the Issuing Lender is required to be returned, such Lender will return to the Issuing Lender any portion thereof previously distributed by the Issuing Lender to it.

Appears in 7 contracts

Samples: Credit Agreement (Columbia Property Trust, Inc.), Credit Agreement (Columbia Property Trust, Inc.), Credit Agreement (Wells Core Office Income Reit Inc)

Reimbursement Obligations. Upon receipt by the applicable Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit (a “Drawing”) and such Issuing Bank’s determination that such demand for payment complies with the requirements of such Letter of Credit, the such Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the such Issuing Bank as a result of such demand Drawing and the date on which payment is to be made by the such Issuing Bank to such beneficiary in respect of such demandDrawing; provided, however, that the such Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse (either with the proceeds of a Base Rate Loan as provided for in subsection (e) below or with funds from other sources) such Issuing Bank for the amount of each demand for payment under such Letter of Credit Drawing at or prior to the date on which payment is to be made by the such Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by kind (other than the Issuing Bank of any payment notice provided for in respect of any Reimbursement Obligation, the Issuing Bank shall promptly pay to each Lender that has acquired a participation therein under the second first sentence of the immediately following this subsection (i) such Lender’s Commitment Percentage of such paymentd).

Appears in 6 contracts

Samples: Credit Agreement (RLJ Lodging Trust), Credit Agreement (RLJ Lodging Trust), Credit Agreement (RLJ Lodging Trust)

Reimbursement Obligations. Upon receipt by the an Issuing Bank from the beneficiary of a Letter of Credit issued by such Issuing Bank of any demand for payment under such Letter of Credit and such Issuing Bank’s determination that such demand for payment complies with the requirements of such Letter of Credit, the such Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the such Issuing Bank as a result of such demand and the date on which payment is to be made by the such Issuing Bank to such beneficiary in respect of such demand; provided, however, that the an Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the each Issuing Bank for the amount of each demand for payment under such each Letter of Credit issued by such Issuing Bank at or prior to the date on which payment is to be made by the such Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by the an Issuing Bank of any payment in respect of any Reimbursement ObligationObligation owing with respect to a Letter of Credit issued by such Issuing Bank, the such Issuing Bank shall promptly pay to the Administrative Agent for the account of each Revolving Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) such Lender’s Revolving Commitment Percentage of such payment.

Appears in 5 contracts

Samples: Credit Agreement (Four Springs Capital Trust), Credit Agreement (NETSTREIT Corp.), Credit Agreement (NETSTREIT Corp.)

Reimbursement Obligations. Upon receipt by the an Issuing Bank from the beneficiary of a Letter of Credit issued by such Issuing Bank of any demand for payment under such Letter of Credit and such Issuing Bank’s determination that such demand for payment complies with the requirements of such Letter of Credit, the such Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the such Issuing Bank as a result of such demand and the date on which payment is to be made by the such Issuing Bank to such beneficiary in respect of such demand; provided, however, that the an Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the each Issuing Bank for the amount of each demand for payment under such each Letter of Credit issued by such Issuing Bank at or prior to the date on which payment is to be made by the such Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by the an Issuing Bank of any payment in respect of any Reimbursement Obligation, the such Issuing Bank shall promptly pay to the Administrative Agent for the account of each Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) such Lender’s Commitment Percentage of such payment.

Appears in 5 contracts

Samples: Credit Agreement (Diversified Healthcare Trust), Credit Agreement (Diversified Healthcare Trust), Credit Agreement (Diversified Healthcare Trust)

Reimbursement Obligations. Upon receipt by the Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the Issuing Bank as a result of such demand and the date on which payment is to be made by the Issuing Bank to such beneficiary in respect of such demand; provided, however, that the Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the Issuing Bank for the amount of each demand for payment under such Letter of Credit at or prior to within one (1) Business Day of the date on which payment is to be made by the Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by the Issuing Bank of any payment in respect of any Reimbursement Obligation, the Issuing Bank shall promptly pay to each Revolving Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) such Lender’s Revolving Commitment Percentage of such payment.

Appears in 4 contracts

Samples: Credit Agreement (American Realty Capital Trust IV, Inc.), Credit Agreement (American Realty Capital Properties, Inc.), Credit Agreement (American Realty Capital Trust III, Inc.)

Reimbursement Obligations. Upon receipt by the Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the Issuing Bank as a result of such demand and the date on which payment is to be made by the Issuing Bank to such beneficiary in respect of such demand; provided, however, that the Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the Issuing Bank for the amount of each demand for payment under such Letter of Credit at on or prior to the date on which payment is to be made by the Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kindkind (other than notice as provided in this subsection). Upon receipt by the Issuing Bank of any payment in respect of any Reimbursement Obligation, the Issuing Bank shall promptly pay to each Lender that has acquired a participation therein under the second sentence of the immediately following subsection (iSection 2.3.(i) such Lender’s Commitment Percentage of such payment.

Appears in 4 contracts

Samples: Credit Agreement, Credit Agreement (National Retail Properties, Inc.), Credit Agreement (National Retail Properties, Inc.)

Reimbursement Obligations. Upon receipt by the applicable Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of CreditCredit (a “Drawing”), the such Issuing Bank shall promptly notify the Borrower and Company, the Administrative Agent and, with respect to any Letter of Credit issued for the account of any other Borrower, such Borrower of the amount to be paid by the such Issuing Bank as a result of such demand Drawing and the date on which payment is to be made by the such Issuing Bank to such beneficiary in respect of such demandDrawing; provided, however, that the such Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Company or the relevant Borrower in any respect from the applicable Reimbursement Obligation. The Each Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse (either with the proceeds of a Base Rate Loan as provided for in subsection (e) below or with funds from other sources) such Issuing Bank for the amount of each demand for payment under such Letter of Credit Drawing at or prior to the date on which payment is to be made by the such Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by kind (other than the Issuing Bank of any payment notice provided for in respect of any Reimbursement Obligation, the Issuing Bank shall promptly pay to each Lender that has acquired a participation therein under the second first sentence of the immediately following this subsection (i) such Lender’s Commitment Percentage of such paymentd)).

Appears in 4 contracts

Samples: Credit Agreement (Park Hotels & Resorts Inc.), Credit Agreement (Park Hotels & Resorts Inc.), Credit Agreement (Park Hotels & Resorts Inc.)

Reimbursement Obligations. Upon receipt by the an Issuing Bank from the beneficiary of a Letter of Credit issued by such Issuing Bank of any demand for payment under such Letter of Credit and such Issuing Banks’s determination that such demand for payment complies with the requirements of such Letter of Credit, the such Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the such Issuing Bank as a result of such demand and the date on which payment is to be made by the such Issuing Bank to such beneficiary in respect of such demand; provided, however, that the such Issuing BankBanks’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the Issuing Bank Banks for the amount of each demand for payment under such a Letter of Credit at on or prior to the date on which payment is to be made by the applicable Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kindkind (other than notice as provided in this subsection). Upon receipt by the an Issuing Bank of any payment in respect of any Reimbursement Obligation, the such Issuing Bank shall promptly pay to each Revolving Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) such Lender’s Revolving Commitment Percentage of such payment.

Appears in 4 contracts

Samples: Credit Agreement (DiamondRock Hospitality Co), Credit Agreement (DiamondRock Hospitality Co), Credit Agreement (DiamondRock Hospitality Co)

Reimbursement Obligations. Upon receipt by the Issuing Bank Agent from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank Agent shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the Issuing Bank Agent as a result of such demand and the date on which payment is to be made by the Issuing Bank Agent to such beneficiary in respect of such demand; provided, however, that the Issuing BankAgent’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement ObligationObligation up to the Stated Amount of such Letter of Credit. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the Issuing Bank Agent for the amount of each demand for payment under such Letter of Credit at up to the Stated Amount of such Letter of Credit on or prior to the date on which payment is to be made by the Issuing Bank Agent to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kindkind (other than notice as provided in this subsection). Upon receipt by the Issuing Bank Agent of any payment in respect of any Reimbursement Obligation, the Issuing Bank Agent shall promptly pay to each Lender that has acquired a participation therein under the second sentence of the immediately following subsection (iSection 2.4.(i) such Lender’s Commitment Percentage of such payment.

Appears in 3 contracts

Samples: Credit Agreement (United Dominion Realty Trust Inc), Credit Agreement (UDR, Inc.), Credit Agreement (United Dominion Realty Trust Inc)

Reimbursement Obligations. Upon receipt by the Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the Issuing Bank as a result of such demand and the date on which payment is to be made by the Issuing Bank to such beneficiary in respect of such demand; provided, however, that the Issuing Bank’s 's failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the Issuing Bank for the amount of each demand for payment under such Letter of Credit at or prior to the date on which payment is to be made by the Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by the Issuing Bank of any payment in respect of any Reimbursement Obligation, the Issuing Bank shall promptly pay to each Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) such Lender’s 's Revolving Commitment Percentage of such payment.

Appears in 3 contracts

Samples: Credit Agreement (CBL & Associates Properties Inc), Credit Agreement (CBL & Associates Properties Inc), Credit Agreement (Colonial Realty Limited Partnership)

Reimbursement Obligations. Upon receipt by the Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the Issuing Bank as a result of such demand and the date on which payment is to be made by the Issuing Bank to such beneficiary in respect of such demand; provided, however, that the Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally unconditionally, and irrevocably agrees to pay and reimburse the Issuing Bank for the amount of each demand for payment under such Letter of Credit at or prior to the date on which payment is to be made by the Issuing Bank to the beneficiary thereunder, without presentment, demand, protest protest, or other formalities of any kind. Upon receipt by the Issuing Bank of any payment in respect of any Reimbursement Obligation, the Issuing Bank shall promptly pay to each Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) of this Section such Lender’s Commitment Percentage Pro Rata Share of such payment.

Appears in 3 contracts

Samples: Credit Agreement (Equity One, Inc.), Credit Agreement (Equity One, Inc.), Credit Agreement (Equity One, Inc.)

Reimbursement Obligations. Upon receipt by the Issuing Bank Administrative Agent from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank Administrative Agent shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the Issuing Bank Administrative Agent as a result of such demand and the date on which payment is to be made by the Issuing Bank Administrative Agent to such beneficiary in respect of such demand; provided, however, that the Issuing BankAdministrative Agent’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the Issuing Bank Administrative Agent for the amount of each demand for payment under such Letter of Credit at on or prior to the date on which payment is to be made by the Issuing Bank Administrative Agent to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kindkind (other than notice as provided in this subsection). Upon receipt by the Issuing Bank Administrative Agent of any payment in respect of any Reimbursement Obligation, the Issuing Bank Administrative Agent shall promptly pay to each Revolving Lender that has acquired a participation therein under the second sentence of the immediately following subsection (iSection 2.4(i) such Lender’s Commitment Percentage of such payment.

Appears in 3 contracts

Samples: Credit Agreement (National Storage Affiliates Trust), Credit Agreement (National Storage Affiliates Trust), Credit Agreement (National Storage Affiliates Trust)

Reimbursement Obligations. Upon receipt by the an Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the such Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the such Issuing Bank as a result of such demand and the date on which payment is to be made by the such Issuing Bank to such beneficiary in respect of such demand; provided, however, that the such Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the each Issuing Bank for the amount of each demand for payment under such each Letter of Credit issued by such Issuing Bank at or prior to the date on which payment is to be made by the such Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by the an Issuing Bank of any payment in respect of any Reimbursement Obligation, the such Issuing Bank shall promptly pay to each Revolving Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) such Revolving Lender’s Revolving Commitment Percentage of such payment.

Appears in 3 contracts

Samples: Credit Agreement (Office Properties Income Trust), Credit Agreement (Government Properties Income Trust), Credit Agreement (Select Income REIT)

Reimbursement Obligations. Upon receipt by the an Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the such Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the such Issuing Bank as a result of such demand and the date on which payment is to be made by the such Issuing Bank to such beneficiary in respect of such demand; provided, however, that the an Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the each Issuing Bank for the amount of each demand for payment under such each Letter of Credit at issued by such Issuing Bank on or prior to the date on which payment is to be made by the such Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kindkind (other than notice as provided in this subsection). Upon receipt by the an Issuing Bank of any payment in respect of any Reimbursement Obligation, the such Issuing Bank shall promptly pay to the Administrative Agent for the account of each Lender that has acquired a participation therein under the second sentence of the immediately following subsection (iSection 2.3.(i) such Lender’s Commitment Percentage of such payment.

Appears in 3 contracts

Samples: Credit Agreement (NNN Reit, Inc.), Credit Agreement (National Retail Properties, Inc.), Credit Agreement (National Retail Properties, Inc.)

Reimbursement Obligations. Upon receipt by the an Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the such Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the such Issuing Bank as a result of such demand and the date on which payment is to be made by the such Issuing Bank to such beneficiary in respect of such demand; provided, however, that the an Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the each Issuing Bank for the amount of each demand for payment under such each Letter of Credit issued by such Issuing Bank at or prior to the date on which payment is to be made by the such Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by the an Issuing Bank of any payment in respect of any Reimbursement Obligation, the such Issuing Bank shall promptly pay to each Revolving Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) such Lender’s Revolving Commitment Percentage of such payment.

Appears in 3 contracts

Samples: Credit Agreement (American Homes 4 Rent, L.P.), Credit Agreement (American Homes 4 Rent), Credit Agreement (American Homes 4 Rent)

Reimbursement Obligations. Upon receipt by the Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the Issuing Bank as a result of such demand and the date on which payment is to be made by the Issuing Bank to such beneficiary in respect of such demand; provided, however, that the Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the Issuing Bank for the amount of each demand for payment under such Letter of Credit at or prior to the date on which payment is to be made by the Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by the Issuing Bank of any payment in respect of any Reimbursement Obligation, the Issuing Bank shall promptly pay to each Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) such Lender’s Revolving Commitment Percentage of such payment.

Appears in 3 contracts

Samples: Credit Agreement (Parkway Properties Inc), Credit Agreement (Hudson Pacific Properties, Inc.), Credit Agreement (Pacific Office Properties Trust, Inc.)

Reimbursement Obligations. Upon receipt by the an Issuing Bank from the beneficiary of a Letter of Credit issued by such Issuing Bank of any demand for payment under such Letter of Credit and such Issuing Bank’s determination that such demand for payment complies with the requirements of such Letter of Credit, the such Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the such Issuing Bank as a result of such demand and the date on which payment is to be made by the such Issuing Bank to such beneficiary in respect of such demand; provided, however, that the an Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the each Issuing Bank for the amount of each demand for payment under such each Letter of Credit issued by such Issuing Bank at or prior to the date on which payment is to be made by the such Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by the an Issuing Bank of any payment in respect of any Reimbursement ObligationObligation owing with respect to a Letter of Credit issued by such Issuing Bank, the such Issuing Bank shall promptly pay to the Administrative Agent for the account of each Revolving Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) of this Section such Lender’s Commitment Percentage of such payment.

Appears in 3 contracts

Samples: Credit Agreement (Washington Real Estate Investment Trust), Credit Agreement (Washington Real Estate Investment Trust), Credit Agreement (Washington Real Estate Investment Trust)

Reimbursement Obligations. Upon receipt by the an Issuing Bank from the beneficiary of a Letter of Credit issued by such Issuing Bank of any demand for payment under such Letter of Credit and such Issuing Bank’s determination that such demand for payment complies with the requirements of such Letter of Credit, the such Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the such Issuing Bank as a result of such demand and the date on which payment is to be made by the such Issuing Bank to such beneficiary in respect of such demand; provided, however, that the an Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the each Issuing Bank for the amount of each demand for payment under such each Letter of Credit issued by such Issuing Bank at or prior to the date on which payment is to be made by the such Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by the an Issuing Bank of any payment in respect of any Reimbursement Obligation, the such Issuing Bank shall promptly pay to the Administrative Agent for the account of each Revolving Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) such Lender’s Revolving Commitment Percentage of such payment.

Appears in 3 contracts

Samples: Credit Agreement (Service Properties Trust), Credit Agreement (Service Properties Trust), Credit Agreement (Service Properties Trust)

Reimbursement Obligations. Upon receipt by the an Issuing Bank from the beneficiary of a Letter of Credit issued by it of any demand for payment under such Letter of Credit, the such Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the such Issuing Bank as a result of such demand and the date on which payment is to be made by the such Issuing Bank to such beneficiary in respect of such demand; provided, however, that the such Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the each Issuing Bank for the amount of each demand for payment under such each Letter of Credit issued by such Issuing Bank at or prior to the date on which payment is to be made by the such Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by the an Issuing Bank of any payment in respect of any Reimbursement Obligation, the such Issuing Bank shall promptly pay to each Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) such Lender’s Commitment Percentage of such payment.

Appears in 3 contracts

Samples: Credit Agreement (Regency Centers Lp), Credit Agreement (Regency Centers Lp), Credit Agreement (Regency Centers Lp)

Reimbursement Obligations. Upon receipt by the an Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the such Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the such Issuing Bank as a result of such demand and the date on which payment is to be made by the such Issuing Bank to such beneficiary in respect of such demand; provided, however, that the an Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the each Issuing Bank for the amount of each demand for payment under such each Letter of Credit issued by such Issuing Bank at or prior to the date on which payment is to be made by the such Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kindkind (other than as provided in this subsection). Upon receipt by the an Issuing Bank of any payment in respect of any Reimbursement Obligation, the such Issuing Bank shall promptly pay to the Administrative Agent for the account of each Revolving Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) such Lender’s Revolving Commitment Percentage of such payment.

Appears in 2 contracts

Samples: Credit Agreement (Hospitality Properties Trust), Credit Agreement (Hospitality Properties Trust)

Reimbursement Obligations. Upon receipt by the Issuing Bank Lender from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank Lender shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the Issuing Bank Lender as a result of such demand and the date on which payment is to be made by the Issuing Bank Lender to such beneficiary in respect of such demand; provided, however, that the Issuing Bank’s Lender's failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the Agent for the account of the Issuing Bank Lender for the amount of each demand for payment under such Letter of Credit at on or prior to the date on which payment is to be made by the Issuing Bank Lender to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by the Issuing Bank Lender of any payment in respect of any Reimbursement Obligation, the Issuing Bank Lender shall promptly pay to each Lender that has acquired and funded a participation therein under the second sentence of the immediately following subsection (iSection 2.4(i) such Lender’s 's Commitment Percentage of such payment; provided, however, that in the event that such payment received by the Issuing Lender is required to be returned, such Lender will return to the Issuing Lender any portion thereof previously distributed by the Issuing Lender to it.

Appears in 2 contracts

Samples: Credit Agreement (Parkway Properties Inc), Credit Agreement (Gables Realty Limited Partnership)

Reimbursement Obligations. Upon receipt by the an Issuing Bank from the beneficiary of a Letter of Credit issued by such Issuing Bank of any demand for payment under such Letter of Credit, the such Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the such Issuing Bank as a result of such demand and the date on which payment is to be made by the such Issuing Bank to such beneficiary in respect of such demand; provided, however, that the an Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the each Issuing Bank for the amount of each demand for payment under such each Letter of Credit at or prior to the date on which payment is to be made issued by the such Issuing Bank to the beneficiary thereunderin accordance with clause (e) below, without presentment, demand, protest or other formalities of any kind. Upon receipt by the an Issuing Bank of any payment in respect of any Reimbursement Obligation, the such Issuing Bank shall promptly pay to the Administrative Agent for the account of each Revolving Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) such LenderXxxxxx’s Revolving Commitment Percentage of such payment.

Appears in 2 contracts

Samples: Credit Agreement (Equity Lifestyle Properties Inc), Credit Agreement (Equity Lifestyle Properties Inc)

Reimbursement Obligations. Upon receipt by the Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank shall promptly notify the Borrower Borrowers and the Administrative Agent of the amount to be paid by the Issuing Bank as a result of such demand and the date on which payment is to be made by the Issuing Bank to such beneficiary in respect of such demand; provided, however, that the Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower Borrowers in any respect from the applicable Reimbursement Obligation. The Borrower Borrowers hereby absolutely, unconditionally and irrevocably agrees agree to pay and reimburse the Issuing Bank for the amount of each demand for payment under such Letter of Credit at or prior to the date on which payment is to be made by the Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by the Issuing Bank of any payment in respect of any Reimbursement Obligation, the Issuing Bank shall promptly pay to each Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) such Lender’s Commitment Percentage of such payment.

Appears in 2 contracts

Samples: Credit Agreement (American Realty Capital Properties, Inc.), Credit Agreement (CapLease, Inc.)

Reimbursement Obligations. Upon receipt by the any Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the such Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the such Issuing Bank as a result of such demand and the date on which payment is to be made by the such Issuing Bank to such beneficiary in respect of such demand; provided, however, that the such Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the such Issuing Bank for the amount of each demand for payment under such Letter of Credit at or prior to the date on which payment is to be made by the such Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by the any Issuing Bank of any payment in respect of any Reimbursement Obligation, the such Issuing Bank shall promptly pay to each Revolving Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) such Lender’s Revolving Commitment Percentage of such payment.

Appears in 2 contracts

Samples: Credit Agreement (Tier Reit Inc), Credit Agreement (Tier Reit Inc)

Reimbursement Obligations. Upon receipt by the Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the Issuing Bank as a result of such demand and the date on which payment is to be made by the Issuing Bank to such beneficiary in respect of such demand; provided, however, that the Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the Issuing Bank for the amount of each such demand for payment under such Letter of Credit at or prior to the date on which payment is to be made by the Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by the Issuing Bank of any payment in respect of any Reimbursement Obligation, the Issuing Bank shall promptly pay to each Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) of this Section such Lender’s Commitment Percentage Pro Rata Share of such payment.

Appears in 2 contracts

Samples: Credit Agreement (Washington Real Estate Investment Trust), Credit Agreement (Washington Real Estate Investment Trust)

Reimbursement Obligations. Upon receipt by the an Issuing Bank from the beneficiary of a Letter of Credit issued by it of any demand for payment under such Letter of Credit, the such Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the such Issuing Bank as a result of such demand and the date on which payment is to be made by the such Issuing Bank to such beneficiary in respect of such demand; provided, however, that the such Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the each Issuing Bank for the amount of each demand for payment under such each Letter of Credit issued by such Issuing Bank at or prior to the date on which payment is to be made by the such Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by the an Issuing Bank of any payment in respect of any Reimbursement Obligation, the such Issuing Bank shall promptly pay to each Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) such LenderXxxxxx’s Commitment Percentage of such payment.

Appears in 2 contracts

Samples: Credit Agreement (Regency Centers Lp), Credit Agreement (Regency Centers Lp)

Reimbursement Obligations. Upon receipt by the Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the Issuing Bank as a result of such demand and the date on which payment is to be made by the Issuing Bank to such beneficiary in respect of such demand; provided, however, that the Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the Issuing Bank for the amount of each demand for payment under such Letter of Credit at or prior to the date on which payment is to be made by the Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by the Issuing Bank of any payment in respect of any Reimbursement Obligation, the Issuing Bank shall promptly pay to each Revolving Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) such LenderLxxxxx’s Revolving Commitment Percentage of such payment.

Appears in 2 contracts

Samples: Credit Agreement (Smith Douglas Homes Corp.), Credit Agreement (Smith Douglas Homes Corp.)

Reimbursement Obligations. Upon receipt by the Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the Issuing Bank as a result of such demand and the date on which payment is to be made by the Issuing Bank to such beneficiary in respect of such demand; provided, however, that the Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the Issuing Bank for the amount of each demand for payment under such Letter of Credit at or prior to the date on which payment is to be made by the Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by the Issuing Bank of any payment in respect of any Reimbursement Obligation, the Issuing Bank shall promptly pay such amounts to Administrative Agent and Administrative Agent shall pay to each Revolving Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) such Revolving Lender’s Revolving Commitment Percentage of such payment.

Appears in 2 contracts

Samples: Credit Agreement (Hudson Pacific Properties, L.P.), Credit Agreement (Hudson Pacific Properties, L.P.)

Reimbursement Obligations. Upon receipt by the Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the Issuing Bank as a result of such demand and the date on which payment is to be made by the Issuing Bank to such beneficiary in respect of such demand; provided, however, that the Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the Issuing Bank for the amount of each demand for payment under such Letter of Credit at on or prior to the date on which payment is to be made by the Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kindkind (other than notice as provided in this subsection). Upon receipt by the Issuing Bank of any payment in respect of any Reimbursement Obligation, the Issuing Bank shall promptly pay to each Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) such Lender’s Commitment Percentage of such payment.

Appears in 2 contracts

Samples: Credit Agreement (DiamondRock Hospitality Co), Credit Agreement (DiamondRock Hospitality Co)

Reimbursement Obligations. Upon receipt by the Issuing Bank Lender from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank Lender shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the Issuing Bank Lender as a result of such demand and the date on which payment is to be made by the Issuing Bank Lender to such beneficiary in respect of such demand; provided, however, that the Issuing BankLender’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the Issuing Bank Lender for the amount of each demand for payment under such Letter of Credit at or prior to not later than the date on which payment is to be made by the Issuing Bank Lender to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kindkind (other than notice as provided in this subsection). Upon receipt by the Issuing Bank Lender of any payment in respect of any Reimbursement Obligation, the Issuing Bank Lender shall promptly pay to each Revolving Loan Lender that has acquired a participation therein under the second sentence of the immediately following subsection (iSection 2.4.(i) such Revolving Loan Lender’s Revolving Loan Commitment Percentage of such payment.

Appears in 2 contracts

Samples: Credit Agreement (Kite Realty Group, L.P.), Credit Agreement (Kite Realty Group Trust)

Reimbursement Obligations. Upon receipt by the Issuing Bank Administrative Agent from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank Administrative Agent shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the Issuing Bank Administrative Agent as a result of such demand and the date on which payment is to be made by the Issuing Bank Administrative Agent to such beneficiary in respect of such demand; provided, however, that the Issuing BankAdministrative Agent’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the Issuing Bank Administrative Agent for the amount of each demand for payment under such Letter of Credit at on or prior to the date on which payment is to be made by the Issuing Bank Administrative Agent to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kindkind (other than notice as provided in this subsection). Upon receipt by the Issuing Bank Administrative Agent of any payment in respect of any Reimbursement Obligation, the Issuing Bank Administrative Agent shall promptly pay to each Revolving Lender that has acquired a participation therein under the second sentence of the immediately following subsection (iSection 2.4(i) such LenderXxxxxx’s Commitment Percentage of such payment.

Appears in 2 contracts

Samples: Credit Agreement (National Storage Affiliates Trust), Credit Agreement (National Storage Affiliates Trust)

Reimbursement Obligations. Upon receipt by the an Issuing Bank from the beneficiary of a Letter of Credit issued by such Issuing Bank of any demand for payment under such Letter of Credit, the such Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the such Issuing Bank as a result of such demand and the date on which payment is to be made by the such Issuing Bank to such beneficiary in respect of such demand; provided, however, that the an Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the each Issuing Bank for the amount of each demand for payment under such each Letter of Credit at or prior to the date on which payment is to be made issued by the such Issuing Bank to the beneficiary thereunderin accordance with clause (e) below, without presentment, demand, protest or other formalities of any kind. Upon receipt by the an Issuing Bank of any payment in respect of any Reimbursement Obligation, the such Issuing Bank shall promptly pay to the Administrative Agent for the account of each Revolving Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) such Lender’s Revolving Commitment Percentage of such payment.

Appears in 2 contracts

Samples: Credit Agreement (Equity Lifestyle Properties Inc), Credit Agreement (Equity Lifestyle Properties Inc)

Reimbursement Obligations. Upon receipt by the any Issuing Bank of any demand for payment from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the applicable Issuing Bank shall promptly notify the Borrower Borrowers and the Administrative Agent of the amount to be paid by the such Issuing Bank as a result of such demand and the date on which payment is to be made by the such Issuing Bank to such beneficiary in respect of such demand; provided, however, that the such Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower Borrowers in any respect from the applicable Reimbursement Obligation. The Borrower Borrowers hereby absolutely, absolutely and unconditionally and irrevocably agrees agree to pay and reimburse the each Issuing Bank for the amount of each demand for payment under such the Letter of Credit at or prior to the date on which Credits issued by such Issuing Bank within two (2) Business Days of receipt of notice from such Issuing Bank that payment is to be made by the such Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by the any Issuing Bank of any payment in respect of any Reimbursement Obligation, the applicable Issuing Bank shall promptly pay to each Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) below such Lender’s Revolving Commitment Percentage of such payment.

Appears in 2 contracts

Samples: Credit Agreement (General Growth Properties, Inc.), Credit Agreement (General Growth Properties, Inc.)

Reimbursement Obligations. Upon receipt by the Issuing Bank Administrative Agent from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank Administrative Agent shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the Issuing Bank Administrative Agent as a result of such demand and the date on which payment is to be made by the Issuing Bank Administrative Agent to such beneficiary in respect of such demand; provided, however, that the Issuing BankAdministrative Agent’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the Issuing Bank Administrative Agent for the amount of each demand for payment under such Letter of Credit at on or prior to the date on which payment is to be made by the Issuing Bank Administrative Agent to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kindkind (other than notice as provided in this subsection). Upon receipt by the Issuing Bank Administrative Agent of any payment in respect of any Reimbursement Obligation, the Issuing Bank Administrative Agent shall promptly pay to each Lender that has acquired a participation therein under the second sentence of the immediately following subsection (iSection 2.4.(i) such Lender’s Commitment Percentage of such payment.

Appears in 2 contracts

Samples: Credit Agreement (CubeSmart, L.P.), Credit Agreement (U-Store-It Trust)

Reimbursement Obligations. Upon receipt by the Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the Issuing Bank as a result of such demand and the date on which payment is to be made by the Issuing Bank to such beneficiary in respect of such demand; provided, however, that the Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the Issuing Bank for the amount of each demand for payment under such Letter of Credit at or prior to the date on which payment is to be made by the Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by the Issuing Bank of any payment in respect of any Reimbursement Obligation, the Issuing Bank shall promptly pay to the Administrative Agent for the account of each Revolving Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) such LenderXxxxxx’s Revolving Commitment Percentage of such payment.

Appears in 2 contracts

Samples: Credit Agreement (United Homes Group, Inc.), Credit Agreement (United Homes Group, Inc.)

Reimbursement Obligations. Upon receipt by the Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the Issuing Bank as a result of such demand and the date on which payment is to be made by the Issuing Bank to such beneficiary in respect of such demand; provided, however, that the Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the Issuing Bank for the amount of each demand for payment under such Letter of Credit at or prior to the date on which payment is to be made by the Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by the Issuing Bank of any payment in respect of any Reimbursement Obligation, the Issuing Bank shall promptly pay to each Revolving Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) such LenderXxxxxx’s Revolving Commitment Percentage of such payment.

Appears in 2 contracts

Samples: Fifth Amended and Restated Credit Agreement (LGI Homes, Inc.), Credit Agreement (LGI Homes, Inc.)

Reimbursement Obligations. Upon receipt by the Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the Issuing Bank as a result of such demand and the date on which payment is to be made by the Issuing Bank to such beneficiary in respect of such demand; provided, however, that the Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the Issuing Bank for the amount of each demand for payment under such Letter of Credit at or prior to the date on which NAI-1501018941v4 payment is to be made by the Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by the Issuing Bank of any payment in respect of any Reimbursement Obligation, the Issuing Bank shall promptly pay to each Revolving Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) such Lender’s Revolving Commitment Percentage of such payment.

Appears in 1 contract

Samples: Credit Agreement (LGI Homes, Inc.)

Reimbursement Obligations. Upon receipt by the Issuing Bank L/C Issuer from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank L/C Issuer shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the Issuing Bank L/C Issuer as a result of such demand and the date on which payment is to be made by the Issuing Bank L/C Issuer to such beneficiary in respect of such demand; provided, however, that the Issuing BankL/C Issuer’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees agree to pay and reimburse the Issuing Bank L/C Issuer for the amount of each demand for payment under such Letter of Credit at on or prior to the date on which payment is to be made by the Issuing Bank L/C Issuer to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kindkind (other than notice as provided in this subsection). Upon receipt by the Issuing Bank L/C Issuer of any payment in respect of any Reimbursement Obligation, the Issuing Bank L/C Issuer shall promptly pay to each Lender that has acquired a participation therein under the second sentence of the immediately following subsection (iSection 2.2(i) such LenderXxxxxx’s Commitment Percentage of such payment.

Appears in 1 contract

Samples: Credit Agreement (HC Government Realty Trust, Inc.)

Reimbursement Obligations. Upon receipt by the Issuing Bank Lender from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank Lender shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the Issuing Bank Lender as a result of such demand and the date on which payment is to be made by the Issuing Bank Lender to such beneficiary in respect of such demand; provided, however, that the Issuing BankLender’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the Issuing Bank Lender for the amount of each demand for payment under such Letter of Credit at or prior to not later than the date on which payment is to be made by the Issuing Bank Lender to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kindkind (other than notice as provided in this subsection). Upon receipt by the Issuing Bank Lender of any payment in respect of any Reimbursement Obligation, the Issuing Bank Lender shall promptly pay to each Lender that has acquired a participation therein under the second sentence of the immediately following subsection (iSection 2.3.(i) such Lender’s Commitment Percentage of such payment.

Appears in 1 contract

Samples: Credit Agreement (Kite Realty Group Trust)

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Reimbursement Obligations. Upon receipt by the an Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the such Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the such Issuing Bank as a result of such demand and the date on which payment is to be made by the such Issuing Bank to such beneficiary in respect of such demand; provided, however, that the an Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the an Issuing Bank for the amount of each demand for payment under such each Letter of Credit issued by such Issuing Bank at or prior to the date on which payment is to be made by the such Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by the an Issuing Bank of any payment in respect of any Reimbursement Obligation, the such Issuing Bank shall promptly pay to each Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) such Lender’s Commitment Percentage of such payment.

Appears in 1 contract

Samples: Credit Agreement (Bre Properties Inc /Md/)

Reimbursement Obligations. Upon receipt by the an Issuing Bank from the beneficiary of a Letter of Credit issued by such Issuing Bank of any demand for payment under such Letter of Credit and such Issuing Bank’s determination that such demand for payment complies with the requirements of such Letter of Credit, the such Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the such Issuing Bank as a result of such demand and the date on which payment is to be made by the such Issuing Bank to such beneficiary in respect of such demand; provided, however, that the an Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the each Issuing Bank for the amount of each demand for payment under such each Letter of Credit issued by such Issuing Bank at or prior to the date on which payment is to be made by the such Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by the Issuing Bank of any payment in respect of any Reimbursement Obligation, the Issuing Bank shall promptly pay to each Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) such Lender’s Commitment Percentage of such payment.

Appears in 1 contract

Samples: Credit Agreement (Select Income Reit)

Reimbursement Obligations. Upon receipt by the Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the Issuing Bank as a result of such demand and the date on which payment is to be made by the Issuing Bank to such beneficiary in respect of such demand; provided, however, that the Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the Issuing Bank for the amount of each demand for payment under such Letter of Credit at or prior to the date on which payment is to be made by the Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by the Issuing Bank of any payment in respect of any Reimbursement Obligation, the Issuing Bank shall promptly pay to each Revolving Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) of this Section such Lender’s Revolving Commitment Percentage of such payment.

Appears in 1 contract

Samples: Credit Agreement (First Potomac Realty Trust)

Reimbursement Obligations. Upon receipt by the Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the Issuing Bank as a result of such demand and the date on which payment is to be made by the Issuing Bank to such beneficiary in respect of such demand; provided, however, that the Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the Issuing Bank for the amount of each demand for payment under such Letter of Credit at or prior to the date on which payment is to be made by the Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kindkind (other than as provided in this subsection). Upon receipt by the Issuing Bank of any payment in respect of any Reimbursement Obligation, the Issuing Bank shall promptly pay to each Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) such Lender’s Commitment Percentage of such payment.

Appears in 1 contract

Samples: Credit Agreement (Post Apartment Homes Lp)

Reimbursement Obligations. Upon receipt by the Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the Issuing Bank as a result of such demand and the date on which payment is to be made by the Issuing Bank to such beneficiary in respect of such demand; provided, however, that the Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the Issuing Bank for the amount of each demand for payment under such Letter of Credit at or prior to the date on which payment is to be made by the Issuing Bank to the beneficiary thereunderin accordance with clause (e) below, without presentment, demand, protest or other formalities of any kind. Upon receipt by the Issuing Bank of any payment in respect of any Reimbursement Obligation, the Issuing Bank shall promptly pay to each Revolving Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) such Lender’s Revolving Commitment Percentage of such payment.

Appears in 1 contract

Samples: Credit Agreement (Equity Lifestyle Properties Inc)

Reimbursement Obligations. Upon receipt by the Issuing Bank L/C Issuer from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank L/C Issuer shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the Issuing Bank L/C Issuer as a result of such demand and the date on which payment is to be made by the Issuing Bank L/C Issuer to such beneficiary in respect of such demand; provided, however, that the Issuing BankL/C Issuer’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees agree to pay and reimburse the Issuing Bank L/C Issuer for the amount of each demand for payment under such Letter of Credit at on or prior to the date on which payment is to be made by the Issuing Bank L/C Issuer to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kindkind (other than notice as provided in this subsection). Upon receipt by the Issuing Bank L/C Issuer of any payment in respect of any Reimbursement Obligation, the Issuing Bank L/C Issuer shall promptly pay to each Lender that has acquired a participation therein under the second sentence of the immediately following subsection (iSection 2.2(i) such Lender’s Commitment Percentage of such payment.

Appears in 1 contract

Samples: Credit Agreement (HC Government Realty Trust, Inc.)

Reimbursement Obligations. Upon receipt by the Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank shall promptly notify the Borrower Agent and the Administrative Agent Borrower of the amount to be paid by the Issuing Bank as a result of such demand and the date on which payment is to be made by the Issuing Bank to such beneficiary in respect of such demand; provided, however, that the Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the Issuing Bank Bank, through the Agent for the account of the Issuing Bank, for the amount of each demand for payment under such Letter of Credit at on or prior to the date on which payment is to be made by the Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kindkind (other than notice as provided in this subsection); provided, that the Borrower’s failure to so reimburse the Issuing Bank shall not in and of itself constitute a Default or Event of Default (unless such failure occurs on or after the Termination Date). Upon receipt by the Issuing Bank of any payment in respect of any Reimbursement Obligation, the Issuing Bank shall promptly pay to each Lender that has acquired a participation therein under the second sentence of the immediately following subsection (iSection 2.4(i) such Lender’s Commitment Percentage of such payment.

Appears in 1 contract

Samples: Revolving Credit Agreement (Piedmont Office Realty Trust, Inc.)

Reimbursement Obligations. Upon receipt by the Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the Issuing Bank as a result of such demand and the date on which payment is to be made by the Issuing Bank to such beneficiary in respect of such demand; provided, however, that the Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the Issuing Bank for the amount of each demand for payment under such Letter of Credit at or prior to the date on which payment is to be made by the Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by the Issuing Bank of any payment in respect of any Reimbursement Obligation, the Issuing Bank shall promptly pay to each Dollar Tranche Revolving Lender that has acquired a funded its participation therein under the second sentence of the immediately following subsection (i) such Lender’s Dollar Tranche Revolving Commitment Percentage of such payment.

Appears in 1 contract

Samples: Credit Agreement (American Realty Capital Properties, Inc.)

Reimbursement Obligations. Upon receipt by the an Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the such Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the such Issuing Bank as a result of such demand and the date on which payment is to be made by the such Issuing Bank to such beneficiary in respect of such demand; provided, however, that the an Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the each Issuing Bank for the amount of each demand for payment under such each Letter of Credit at issued by such Issuing Bank on or prior to the date on which payment is to be made by the such Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kindkind (other than notice as provided in this subsection). Upon receipt by the an Issuing Bank of any payment in respect of any Reimbursement Obligation, the such Issuing Bank shall promptly pay to the Administrative Agent for the account of each Lender that has acquired a participation therein under the second sentence of the immediately following subsection (iSection 2.3.(i) such LenderXxxxxx’s Commitment Percentage of such payment.

Appears in 1 contract

Samples: Credit Agreement (National Retail Properties, Inc.)

Reimbursement Obligations. Upon receipt by the Issuing Bank Agent from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank Agent shall promptly notify the Borrower and the Administrative Agent Borrowers of the amount to be paid by the Issuing Bank Agent as a result of such demand (the “Reimbursement Obligations”) and the date on which payment is to be made by the Issuing Bank Agent to such beneficiary in respect of such demand; provided, however, that the Issuing BankAgent’s failure to give, or delay in giving, such notice shall not discharge the Borrower Borrowers in any respect from the applicable Reimbursement Obligation. The Borrower Borrowers hereby absolutely, unconditionally and irrevocably agrees agree to pay and reimburse the Issuing Bank Agent for the amount of each demand for payment under such Letter of Credit at on or prior to the date on which payment is to be made by the Issuing Bank Agent to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kindkind (other than notice as provided in this subsection). Upon receipt by the Issuing Bank Agent of any payment in respect of any Reimbursement Obligation, the Issuing Bank Agent shall promptly pay to each Revolving Credit Lender that has acquired a participation therein under the second sentence of the immediately following subsection (iSection 2.2(i) such Revolving Credit Lender’s Revolving Commitment Percentage of such payment.

Appears in 1 contract

Samples: Credit Agreement (Epr Properties)

Reimbursement Obligations. Upon receipt by the an Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the such Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the such Issuing Bank as a result of such demand and the date on which payment is to be made by the such Issuing Bank to such beneficiary in respect of such demand; provided, however, that the an Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the each Issuing Bank for the amount of each demand for payment under such each Letter of Credit issued by such Issuing Bank at or prior to the date on which payment is to be made by the such Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by the an Issuing Bank of any payment in respect of any Reimbursement Obligation, the such Issuing Bank shall promptly pay to each Revolving Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) such LenderXxxxxx’s Revolving Commitment Percentage of such payment.

Appears in 1 contract

Samples: Amendment No. 1 to Amended and Restated Credit Agreement (American Homes 4 Rent, L.P.)

Reimbursement Obligations. Upon receipt by the an Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the such Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the such Issuing Bank as a result of such demand and the date on which payment is to be made by the such Issuing Bank to such beneficiary in respect of such demand; provided, however, that the an Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the each Issuing Bank for the amount of each demand for payment under such each Letter of Credit issued by such Issuing Bank at or prior to the date on which payment is to be made by the such Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by the an Issuing Bank of any payment in respect of any Reimbursement Obligation, the such Issuing Bank shall promptly pay to each Revolving Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) such LenderLxxxxx’s Revolving Commitment Percentage of such payment.

Appears in 1 contract

Samples: Credit Agreement (American Homes 4 Rent, L.P.)

Reimbursement Obligations. Upon receipt by the Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the Issuing Bank as a result of such demand and the date on which payment is to be made by the Issuing Bank to such beneficiary in respect of such demand; provided, however, that the Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the Issuing Bank for the amount of each demand for payment under such Letter of Credit at or prior to the date on which payment is to be made by the Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kindkind (other than notice of such payment as expressly provided in this subsection). Upon receipt by the Issuing Bank of any payment in respect of any Reimbursement Obligation, the Issuing Bank shall promptly pay to each Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) such Lender’s Revolving Commitment Percentage of such payment.

Appears in 1 contract

Samples: Credit Agreement (Federal Realty Investment Trust)

Reimbursement Obligations. Upon receipt by the Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the Issuing Bank as a result of such demand and the date on which payment is to be made by the Issuing Bank to such beneficiary in respect of such demand; provided, however, that the Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the Issuing Bank for the amount of each demand for payment under such Letter of Credit at or prior to the date on which payment is to be made by the Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by the Issuing Bank of any payment in respect of any Reimbursement Obligation, the Issuing Bank shall promptly pay to each Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) such Lender’s Revolving Commitment Percentage of such payment.

Appears in 1 contract

Samples: Credit Agreement (Excel Trust, Inc.)

Reimbursement Obligations. Upon receipt by the Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank shall promptly notify the MG Borrower and the Administrative Agent of the amount to be paid by the Issuing Bank as a result of such demand and the date on which payment is to be made by the Issuing Bank to such beneficiary in respect of such demand; provided, however, that the Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower Borrowers in any respect from the applicable Reimbursement Obligation. The Borrower Borrowers hereby absolutely, unconditionally and irrevocably agrees agree to pay and reimburse the Issuing Bank for the amount of each demand for payment under such Letter of Credit at on or prior to the date on which payment is to be made by the Issuing Bank to the beneficiary thereunderthereunder or otherwise in accordance with the provisions of clause (e) below, without presentment, demand, protest or other formalities of any kindkind (other than notice as provided in this subsection). Upon receipt by the Issuing Bank of any payment in respect of any Reimbursement Obligation, the Issuing Bank shall promptly pay to each Lender that has acquired a participation therein under the second sentence of the immediately following subsection (iSection 2.2.(i) such Lender’s Commitment Percentage of such payment.

Appears in 1 contract

Samples: Credit Agreement (Morgans Hotel Group Co.)

Reimbursement Obligations. Upon receipt by the Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the Issuing Bank as a result of such demand and the date on which payment is to be made by the Issuing Bank to such beneficiary in respect of such demand; provided, however, that the Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the Issuing Bank for the amount of each demand for payment under such Letter of Credit at or prior to the date on which payment is to be made by the Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by the Issuing Bank of any payment in respect of any Reimbursement Obligation, the Issuing Bank shall promptly pay to each Revolving Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) such Revolving Lender’s Revolving Commitment Percentage of such payment.

Appears in 1 contract

Samples: Credit Agreement (Chambers Street Properties)

Reimbursement Obligations. Upon receipt by the Issuing Bank Lender from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank Lender shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the Issuing Bank Lender as a result of such demand and the date on which payment is to be made by the Issuing Bank Lender to such beneficiary in respect of such demand; provided, however, that the Issuing BankLender’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the Agent for the account of the Issuing Bank Lender for the amount of each demand for payment under such Letter of Credit at on or prior to the date on which payment is to be made by the Issuing Bank Lender to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by the Issuing Bank Lender of any payment in respect of any Reimbursement Obligation, the Issuing Bank Lender shall promptly pay to each Lender that has acquired and funded a participation therein under the second sentence of the immediately following subsection (i) such Lender’s Commitment Percentage of such payment.Section

Appears in 1 contract

Samples: Credit Agreement (Wells Core Office Income Reit Inc)

Reimbursement Obligations. Upon receipt by the any Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the such Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the such Issuing Bank as a result of such demand and the date on which payment is to be made by the such Issuing Bank to such beneficiary in respect of such demand; provided, however, that the such Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the such Issuing Bank for the amount of each demand for payment under such Letter of Credit at or prior to the date on which payment is to be made by the such Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by the any Issuing Bank of any payment in respect of any Reimbursement Obligation, the such Issuing Bank shall promptly pay to each Revolving Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) such LenderXxxxxx’s Revolving Commitment Percentage of such payment.

Appears in 1 contract

Samples: Credit Agreement (Tier Reit Inc)

Reimbursement Obligations. Upon receipt by the Issuing Bank an L/C Issuer from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank such L/C Issuer shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the Issuing Bank such L/C Issuer as a result of such demand and the date on which payment is to be made by the Issuing Bank such L/C Issuer to such beneficiary in respect of such demand; provided, however, that the Issuing Bankan L/C Issuer’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the Issuing Bank each L/C Issuer for the amount of each demand for payment under such each Letter of Credit issued by such L/C Issuer at or prior to the date on which payment is to be made by the Issuing Bank such L/C Issuer to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kindkind (other than as provided in this subsection). Upon receipt by the Issuing Bank an L/C Issuer of any payment in respect of any Reimbursement Obligation, the Issuing Bank such L/C Issuer shall promptly pay to the Administrative Agent for the account of each Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) such Lender’s Commitment Credit Percentage in respect of its Revolving Committed Amount of such payment.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Healthcare Realty Holdings, L.P.)

Reimbursement Obligations. Upon receipt by the Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the Issuing Bank as a result of such demand and the date on which payment is to be made by the Issuing Bank to such beneficiary in respect of such demand; provided, however, that the Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the Issuing Bank for the amount of each demand for payment under such Letter of Credit at or prior to the date on which payment is to be made by the Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by the Issuing Bank of any payment in respect of any Reimbursement Obligation, the Issuing Bank shall promptly pay to the Administrative Agent for the account of each Revolving Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) such LenderLxxxxx’s Revolving Commitment Percentage of such payment.

Appears in 1 contract

Samples: Credit Agreement (United Homes Group, Inc.)

Reimbursement Obligations. Upon receipt by the Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the Issuing Bank as a result of such demand and the date on which payment is to be made by the Issuing Bank to such beneficiary in respect of such demand; provided, however, that the Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the Issuing Bank for the amount of each demand for payment under such Letter of Credit at or prior to the date on which payment is to be made by the Issuing Bank to the beneficiary thereunderin accordance with clause (e) below, without presentment, demand, protest or other formalities of any kind. Upon receipt by the Issuing Bank of any payment in respect of any Reimbursement Obligation, the Issuing Bank shall promptly pay to each Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) such Lender’s Commitment Percentage of such payment.

Appears in 1 contract

Samples: Credit Agreement (Equity Lifestyle Properties Inc)

Reimbursement Obligations. Upon receipt by the any Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the such Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the such Issuing Bank as a result of such demand and the date on which payment is to be made by the such Issuing Bank to such beneficiary in respect of such demand; provided, however, that the such Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the such Issuing Bank for the amount of each demand for payment under such Letter of Credit at or prior to the date on which payment is to be made by the such Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by the any Issuing Bank of any payment in respect of any Reimbursement Obligation, the such Issuing Bank shall promptly pay to each Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) such Lender’s Revolving Commitment Percentage of such payment.

Appears in 1 contract

Samples: Credit Agreement (Parkway, Inc.)

Reimbursement Obligations. Upon receipt by the Issuing Bank an L/C Issuer from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank such L/C Issuer shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the Issuing Bank such L/C Issuer as a result of such demand and the date on which payment is to be made by the Issuing Bank such L/C Issuer to such beneficiary in respect of such demand; provided, however, that the Issuing Bankan L/C Issuer’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the Issuing Bank each L/C Issuer for the amount of each demand for payment under such each Letter of Credit issued by such L/C Issuer at or prior to the date on which payment is to be made by the Issuing Bank such L/C Issuer to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kindkind (other than as provided in this subsection). Upon receipt by the Issuing Bank an L/C Issuer of any payment in respect of any Reimbursement Obligation, the Issuing Bank such L/C Issuer shall promptly pay to the Administrative Agent for the account of each Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) such Lender’s Revolving Commitment Percentage of such payment.

Appears in 1 contract

Samples: Credit Agreement (Healthcare Realty Trust Inc)

Reimbursement Obligations. Upon receipt by the Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the Issuing Bank as a result of such demand and the date on which payment is to be made by the Issuing Bank to such beneficiary in respect of such demand; provided, however, that the Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the Issuing Bank for the amount of each demand for payment under such Letter of Credit at or prior to the date on which payment is to be made by the Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by the Issuing Bank of any payment in respect of any Reimbursement Obligation, the Issuing Bank shall promptly pay to each Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) of this Section such Lender’s Commitment Percentage of such payment.

Appears in 1 contract

Samples: Credit Agreement (Pennsylvania Real Estate Investment Trust)

Reimbursement Obligations. Upon receipt by the Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the Issuing Bank as a result of such demand and the date on which payment is to be made by the Issuing Bank to such beneficiary in respect of such demand; provided, however, that the Issuing Bank’s 's failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the Issuing Bank for the amount of each such demand for payment under such Letter of Credit at or prior to the date on which payment is to be made by the Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by the Issuing Bank of any payment in respect of any Reimbursement Obligation, the Issuing Bank shall promptly pay to each Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) of this Section such Lender’s Commitment Percentage 's Pro Rata Share of such payment.

Appears in 1 contract

Samples: Credit Agreement (Washington Real Estate Investment Trust)

Reimbursement Obligations. Upon receipt by the Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the Issuing Bank as a result of such demand and the date on which payment is to be made by the Issuing Bank to such beneficiary in respect of such demand; provided, however, that the Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the Issuing Bank for the amount of each demand for payment under such Letter of Credit at or prior to the date on which payment is to be made by the Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind. Upon receipt by the Issuing Bank of any payment in respect of any Reimbursement Obligation, the Issuing Bank shall promptly pay to each Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) of this Section such Lender’s Commitment Percentage of such payment.

Appears in 1 contract

Samples: Revolving Credit Agreement (First Potomac Realty Trust)

Reimbursement Obligations. Upon receipt by the an Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, the such Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by the such Issuing Bank as a result of such demand and the date on which payment is to be made by the such Issuing Bank to such beneficiary in respect of such demand; provided, however, that the an Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse the each Issuing Bank for the amount of each demand for payment under such each Letter of Credit issued by such Issuing Bank at or prior to the date on which payment is to be made by the such Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kindkind (other than as provided in this subsection). Upon receipt by the an Issuing Bank of any payment in respect of any Reimbursement Obligation, the such Issuing Bank shall promptly pay to the Administrative Agent for the account of each Lender that has acquired a participation therein under the second sentence of the immediately following subsection (i) such Lender’s Commitment Percentage of such payment.

Appears in 1 contract

Samples: Credit Agreement (Post Apartment Homes Lp)

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