Common use of Repayment of Participation Advances Clause in Contracts

Repayment of Participation Advances. Upon (and only upon) receipt by Administrative Agent for the account of Issuing Bank of immediately available funds from U.S. Borrowers (i) in reimbursement of any payment made by Issuing Bank or Administrative Agent under the Letter of Credit with respect to which any Lender has made a Participation Advance to Administrative Agent, or (ii) in payment of interest on such a payment made by Issuing Bank or Administrative Agent under such a Letter of Credit, Administrative Agent will pay to each Lender holding a Commitment, in the same funds as those received by Administrative Agent, the amount of such Lender’s Applicable Percentage of such funds, except Administrative Agent shall retain the amount of the Applicable Percentage of such funds of any Lender holding a Commitment that did not make a Participation Advance in respect of such payment by Administrative Agent (and, to the extent that any of the other Lender(s) holding the Commitment have funded any portion of such Defaulting Lender’s Participation Advance in accordance with the provisions of Section 2.20, Administrative Agent will pay over to such non-Defaulting Lenders a pro rata portion of the funds so withheld from such Defaulting Lender). If Issuing Bank or Administrative Agent is required at any time to return to any such Borrower, or to a trustee, receiver, liquidator, custodian, or any official in any insolvency proceeding, any portion of the payments made by such Borrowers to Issuing Bank or Administrative Agent pursuant to Section 2.06(e) in reimbursement of a payment made under the Letter of Credit or interest or fee thereon, each applicable Lender shall, on demand of Administrative Agent, forthwith return to Issuing Bank or Administrative Agent the amount of its Applicable Percentage of any amounts so returned by Issuing Bank or Administrative Agent plus interest at the Federal Funds Effective Rate.

Appears in 2 contracts

Samples: Credit Agreement (Designer Brands Inc.), Credit Agreement (American Eagle Outfitters Inc)

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Repayment of Participation Advances. (a) Upon (and only upon) receipt by Administrative Agent or Issuer for the its account of Issuing Bank of immediately available funds from U.S. Borrowers (i) in reimbursement of any payment made by Issuing Bank or Administrative Agent the Issuer as Issuer under the Letter of Credit with respect to which any Revolving Lender has made a Participation Advance to Administrative AgentIssuer, or (ii) in payment of interest on such a payment made by Issuing Bank Issuer or Administrative Agent under such a Letter of Credit, Administrative Agent or Issuer, as applicable, will pay to each Lender holding a CommitmentRevolving Lender, in the same funds as those received by Administrative AgentAgent or Issuer, the amount of such Revolving Lender’s Applicable Revolving Commitment Percentage of such funds, except Administrative Agent or Issuer shall retain the amount of the Applicable Revolving Commitment Percentage of such funds of any Revolving Lender holding a Commitment that did not make a Participation Advance in respect of such payment by Administrative Agent or Issuer. Upon (and, to the extent that any and only upon) receipt by Agent or Issuer for its account of the other Lender(s) holding the Commitment have funded any portion of such Defaulting Lender’s Participation Advance in accordance with the provisions of Section 2.20, Administrative Agent will pay over to such non-Defaulting Lenders a pro rata portion of the immediately available funds so withheld from such Defaulting Lender). If Issuing Bank or Administrative Agent is required at any time to return to any such Borrower, or to a trustee, receiver, liquidator, custodian, or any official in any insolvency proceeding, any portion of the payments made by such Borrowers to Issuing Bank or Administrative Agent pursuant to Section 2.06(e(i) in reimbursement of any payment made by the Issuer as Issuer under the WTC Letter of Credit with respect to which any L/C Commitment Lender has made a L/C Participation Advance to Issuer, or (ii) in payment of interest on such a payment made by Issuer or Agent under such WTC Letter of Credit, Agent or Issuer, as applicable, will pay to each L/C Commitment Lender, in the same funds as those received by Agent or Issuer, the amount of such L/C Commitment Lender’s L/C Commitment Percentage of such funds, except Agent or Issuer shall retain the amount of the L/C Commitment Percentage of such funds of any L/C Commitment Lender that did not make a L/C Participation Advance in respect of such payment by Agent or Issuer. Upon (and only upon) receipt by Agent or Issuer for its account of immediately available funds from Borrowers (i) in reimbursement of any payment made by the Issuer as Issuer under the Roll-Up Letter of Credit with respect to which any Roll-Up Lender has made a Roll-Up Participation Advance to Issuer, or (ii) in payment of interest on such a payment made by Issuer or fee thereonAgent under such a Roll-Up Letter of Credit, Agent or Issuer, as applicable, will pay to each applicable Lender shallRoll-Up Lender, on demand of Administrative Agentin the same funds as those received by Agent or Issuer, forthwith return to Issuing Bank or Administrative Agent the amount of its Applicable such Roll-Up Lender’s Roll-Up Commitment Percentage of such funds, except Agent or Issuer shall retain the amount of the Roll-Up Commitment Percentage of such funds of any amounts so returned Roll-Up Lender that did not make a Roll-Up Participation Advance in respect of such payment by Issuing Bank Agent or Administrative Agent plus interest at the Federal Funds Effective RateIssuer.

Appears in 2 contracts

Samples: Credit and Security Agreement, Credit and Security Agreement

Repayment of Participation Advances. Upon (and only upon) receipt by Administrative Agent for the account of Issuing Bank of immediately available funds from U.S. Borrowers (i) in reimbursement of any payment made by Issuing Bank or Administrative Agent under the Letter of Credit with respect to which any Revolving Lender has made a Participation Advance to Administrative Agent, or (ii) in payment of interest on such a payment made by Issuing Bank or Administrative Agent under such a Letter of Credit, Administrative Agent will pay to each Revolving Lender holding a Revolving Commitment, in the same funds as those received by Administrative Agent, the amount of such Revolving Lender’s Applicable Percentage of such funds, except Administrative Agent shall retain the amount of the Applicable Percentage of such funds of any Revolving Lender holding a Revolving Commitment that did not make a Participation Advance in respect of such payment by Administrative Agent (and, to the extent that any of the other Revolving Lender(s) holding the Revolving Commitment have funded any portion of such Defaulting Lender’s Participation Advance in accordance with the provisions of Section 2.20, Administrative Agent will pay over to such non-Defaulting Lenders a pro rata portion of the funds so withheld from such Defaulting Lender). If Issuing Bank or Administrative Agent is required at any time to return to any such Borrower, or to a trustee, receiver, liquidator, custodian, or any official in any insolvency proceeding, any portion of the payments made by such Borrowers to Issuing Bank or Administrative Agent pursuant to Section 2.06(e) in reimbursement of a payment made under the Letter of Credit or interest or fee thereon, each applicable Revolving Lender shall, on demand of Administrative Agent, forthwith return to Issuing Bank or Administrative Agent the amount of its Applicable Percentage of any amounts so returned by Issuing Bank or Administrative Agent plus interest at the Federal Fed Funds Effective Rate.. (f)

Appears in 1 contract

Samples: Credit Agreement (Designer Brands Inc.)

Repayment of Participation Advances. (a) Upon (and only upon) receipt by Administrative Agent the LC Bank for the its account of Issuing Bank of immediately available funds from U.S. Borrowers (i) or for the account of the Seller in reimbursement of any payment made by Issuing the LC Bank or Administrative Agent under the a Letter of Credit with respect to which any Lender LC Participant has made a Participation Advance participation advance to Administrative Agentthe LC Bank, the LC Bank (or (iithe Administrator on its behalf) in payment of interest on such a payment made by Issuing Bank or Administrative Agent under such a Letter of Credit, Administrative Agent will pay to each Lender holding a CommitmentLC Participant, ratably (based on the outstanding drawn amounts funded by each such LC Participant in respect of such Letter of Credit), in the same funds as those received by Administrative Agentthe LC Bank; it being understood, that the LC Bank shall retain a ratable amount of such Lender’s Applicable Percentage of such funds, except Administrative Agent shall retain funds that were not the amount of the Applicable Percentage of such funds subject of any Lender holding a Commitment that did not make a Participation Advance payment in respect of such payment Letter of Credit by Administrative Agent any LC Participant. (and, to b) If the extent that any of the other Lender(s) holding the Commitment have funded any portion of such Defaulting Lender’s Participation Advance in accordance with the provisions of Section 2.20, Administrative Agent will pay over to such non-Defaulting Lenders a pro rata portion of the funds so withheld from such Defaulting Lender). If Issuing LC Bank or Administrative Agent is required at any time to return to any such Borrowerthe Seller, or to a trustee, receiver, liquidator, custodian, or any official in any insolvency proceedingInsolvency Proceeding, any portion of the payments made by such Borrowers the Seller to Issuing the LC Bank or Administrative Agent pursuant to Section 2.06(e) this Agreement in reimbursement of a payment made under the Letter of Credit or interest or fee thereon, each applicable Lender LC Participant shall, on demand of Administrative Agentthe LC Bank, forthwith return to Issuing the LC Bank or Administrative Agent the amount of its Applicable Percentage Pro Rata Share of any amounts so returned by Issuing the LC Bank or Administrative Agent plus interest at the Federal Funds Effective Overnight Bank Funding Rate., from the date the payment was first made to such LC Participant through, but not including, the date the payment is returned by such LC Participant. (c) If any Letters of Credit are outstanding and undrawn on the Termination Date, the LC Collateral Account shall be funded from Collections (or, in the Seller’s sole discretion, by other funds available to the Seller) in an amount equal to the Dollar Equivalent of the aggregate undrawn face amount of such Letters of Credit plus the Dollar Equivalent of all related fees to accrue through the stated expiration dates thereof (such fees to accrue, as reasonably estimated by the LC Bank, the “LC Fee Expectation”). Section 1.18

Appears in 1 contract

Samples: Receivables Purchase Agreement (Avantor, Inc.)

Repayment of Participation Advances. (a) Upon (and only upon) receipt by Administrative Agent for the account of Issuing Bank Issuer of immediately available funds from U.S. Borrowers (i) in reimbursement of any payment made by Issuing Bank Issuer or Administrative Agent under the Letter of Credit with respect to which any Lender has made a Participation Advance to Administrative Agent, or (ii) in payment of interest on such a payment made by Issuing Bank Issuer or Administrative Agent under such a Letter of Credit, Administrative Agent will pay to each Lender holding a Revolving Commitment, in the same funds as those received by Administrative Agent, the amount of such Lender’s Applicable Revolving Commitment Percentage of such funds, except Administrative Agent shall retain the amount of the Applicable Revolving Commitment Percentage of such funds of any Lender holding a Revolving Commitment that did not make a Participation Advance in respect of such payment by Administrative Agent (and, to the extent that any of the other Lender(s) holding the Revolving Commitment have funded any portion of such Defaulting Lender’s Participation Advance in accordance with the provisions of Section 2.202.22, Administrative Agent will pay over to such nonNon-Defaulting Lenders a pro rata portion of the funds so withheld from such Defaulting Lender). (b) If Issuing Bank Issuer or Administrative Agent is required at any time to return to any such Borrower, or to a trustee, receiver, liquidator, custodian, or any official in any insolvency proceeding, any portion of the payments made by such Borrowers to Issuing Bank Issuer or Administrative Agent pursuant to Section 2.06(e2.15(a) in reimbursement of a payment made under the Letter of Credit or interest or fee thereon, each applicable Lender shall, on demand of Administrative Agent, forthwith return to Issuing Bank Issuer or Administrative Agent the amount of its Applicable Revolving Commitment Percentage of any amounts so returned by Issuing Bank Issuer or Administrative Agent plus interest at the Effective Federal Funds Effective Rate.. 2.16

Appears in 1 contract

Samples: Credit and Security Agreement (Virco MFG Corporation)

Repayment of Participation Advances. Upon (and only upon) receipt by Administrative Agent for the account of Issuing Bank of immediately available funds from U.S. Borrowers (i) in reimbursement of any payment made by Issuing Bank or Administrative Agent under the Letter of Credit with respect to which any Revolving Lender has made a Participation Advance to Administrative Agent, or (ii) in payment of interest on such a payment made by Issuing Bank or Administrative Agent under such a Letter of Credit, Administrative Agent will pay to each Revolving Lender holding a Revolving Commitment, in the same funds as those received by Administrative Agent, the amount of such Revolving Lender’s Applicable Percentage of such funds, except Administrative Agent shall retain the amount of the Applicable Percentage of such funds of any Revolving Lender holding a Revolving Commitment that did not make a Participation Advance in respect of such payment by Administrative Agent (and, to the extent that any of the other Revolving Lender(s) holding the Revolving Commitment have funded any portion of such Defaulting Lender’s Participation Advance in accordance with the provisions of Section 2.20, Administrative Agent will pay over to such non-Defaulting Lenders a pro rata portion of the funds so withheld from such Defaulting Lender). If Issuing Bank or Administrative Agent is required at any time to return to any such Borrower, or to a trustee, receiver, liquidator, custodian, or any official in any insolvency proceeding, any portion of the payments made by such Borrowers to Issuing Bank or Administrative Agent pursuant to Section 2.06(e) in reimbursement of a payment made under the Letter of Credit or interest or fee thereon, each applicable Revolving Lender shall, on demand of Administrative Agent, forthwith return to Issuing Bank or Administrative Agent the amount of its Applicable Percentage of any amounts so returned by Issuing Bank or Administrative Agent plus interest at the Federal Funds Effective Rate.its

Appears in 1 contract

Samples: Credit Agreement (Designer Brands Inc.)

Repayment of Participation Advances. Upon (and only upon) receipt by Administrative Agent for the account of Issuing Bank Issuer of immediately available funds in Dollars from U.S. Borrowers (i) in reimbursement of any payment made by Issuing Bank Issuer or Administrative Agent under the Letter of Credit with respect to which any Lender Xxxxxx has made a Participation Advance to Administrative Agent, or (ii) in payment of interest on such a payment made by Issuing Bank Issuer or Administrative Agent under such a Letter of Credit, Administrative Agent will pay to each Lender holding a Revolving Commitment, in the same funds as those received by Administrative Agent, the amount of such Lender’s Applicable Xxxxxx's Revolving Commitment Percentage of such funds, except Administrative Agent shall retain the amount of the Applicable Revolving Commitment Percentage of such funds of any Lender holding a Revolving Commitment that did not make a Participation Advance in respect of such payment by Administrative Agent (and, to the extent that any of the other Lender(s) holding the Revolving Commitment have funded any portion of such Defaulting Lender’s 's Participation Advance in accordance with the provisions of Section 2.202.22, Administrative Agent will pay over to such nonNon-Defaulting Lenders a pro rata portion of the funds so withheld from such Defaulting Lender). If Issuing Bank Issuer or Administrative Agent is required at any time to return to any such Borrower, or to a trustee, receiver, liquidator, custodian, or any official in any insolvency proceeding, any portion of the payments made by such Borrowers to Issuing Bank Issuer or Administrative Agent pursuant to Section 2.06(e2.15(a) in reimbursement of a payment made under the Letter of Credit or interest or fee thereon, each applicable Lender shall, on demand of Administrative Agent, forthwith return to Issuing Bank Issuer or Administrative Agent the amount of its Applicable Revolving Commitment Percentage of the Dollar Equivalent of any amounts so returned by Issuing Bank Issuer or Administrative Agent plus interest at the Federal Funds Effective Rate.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Great Lakes Dredge & Dock CORP)

Repayment of Participation Advances. Upon (and only upon) receipt by Administrative Agent for the account of Issuing Bank of immediately available funds from U.S. Borrowers (i) in reimbursement of any payment made by Issuing Bank or Administrative Agent under the Letter of Credit with respect to which any Lender has made a Participation Advance to Administrative Agent, or (ii) in payment of interest on such a payment made by Issuing Bank or Administrative Agent under such a Letter of Credit, Administrative Agent will pay to each Lender holding a Commitment, in the same funds as those received by Administrative Agent, the amount of such Lender’s Applicable Percentage of such funds, except Administrative Agent shall retain the amount of the Applicable Percentage of such funds of any Lender holding a Commitment that did not make a Participation Advance in respect of such payment by Administrative Agent (and, to the extent that any of the other Lender(s) holding the Commitment have funded any portion of such Defaulting Lender’s Participation Advance in accordance with the provisions of Section 2.20, Administrative Agent will pay over to such non-Defaulting Lenders a pro rata portion of the funds so withheld from such Defaulting Lender). If Issuing Bank or Administrative Agent is required at any time to return to any such Borrower, or to a trustee, receiver, liquidator, custodian, or any official in any insolvency proceeding, any portion of the payments made by such Borrowers to Issuing Bank or Administrative Agent pursuant to Section 2.06(e) in reimbursement of a payment made under the Letter of Credit or interest or fee thereon, each applicable Lender shall, on demand of Administrative Agent, forthwith return to Issuing Bank or Administrative Agent the amount of its Applicable Percentage of any amounts so returned by Issuing Bank or Administrative Agent plus interest at the Federal Fed Funds Effective Rate.. (f)

Appears in 1 contract

Samples: Credit Agreement (Designer Brands Inc.)

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Repayment of Participation Advances. Upon (and only upon) receipt by Administrative Agent for the account of Issuing Bank of immediately available funds from U.S. Borrowers (i) in reimbursement of any payment made by Issuing Bank or Administrative Agent under the Letter of Credit with respect to which any Lender Xxxxxx has made a Participation Advance to Administrative Agent, or (ii) in payment of interest on such a payment made by Issuing Bank or Administrative Agent under such a Letter of Credit, Administrative Agent will pay to each Lender holding a Commitment, in the same funds as those received by Administrative Agent, the amount of such Lender’s Applicable Percentage of such funds, except Administrative Agent shall retain the amount of the Applicable Percentage of such funds of any Lender holding a Commitment that did not make a Participation Advance in respect of such payment by Administrative Agent (and, to the extent that any of the other Lender(s) holding the Commitment have funded any portion of such Defaulting Lender’s Participation Advance in accordance with the provisions of Section 2.20, Administrative Agent will pay over to such non-Defaulting Lenders a pro rata portion of the funds so withheld from such Defaulting Lender). If Issuing Bank or Administrative Agent is required at any time to return to any such Borrower, or to a trustee, receiver, liquidator, custodian, or any official in any insolvency proceeding, any portion of the payments made by such Borrowers to Issuing Bank or Administrative Agent pursuant to Section 2.06(e) in reimbursement of a payment made under the Letter of Credit or interest or fee thereon, each applicable Lender shall, on demand of Administrative Agent, forthwith return to Issuing Bank or Administrative Agent the amount of its Applicable Percentage of any amounts so returned by Issuing Bank or Administrative Agent plus interest at the Federal Funds Effective Overnight Bank Funding Rate.

Appears in 1 contract

Samples: Credit Agreement (Big Lots Inc)

Repayment of Participation Advances. Upon (and only upon) receipt by Administrative Agent for the account of Issuing Bank of immediately available funds from U.S. Borrowers (i) in reimbursement of any payment made by Issuing Bank or Administrative Agent under the Letter of Credit with respect to which any Lender Xxxxxx has made a Participation Advance to Administrative Agent, or (ii) in payment of interest on such a payment made by Issuing Bank or Administrative Agent under such a Letter of Credit, Administrative Agent will pay to each Lender holding a Commitment, in the same funds as those received by Administrative Agent, the amount of such Lender’s Applicable Percentage of such funds, except Administrative Agent shall retain the amount of the Applicable Percentage of such funds of any Lender holding a Commitment that did not make a Participation Advance in respect of such payment by Administrative Agent (and, to the extent that any of the other Lender(s) holding the Commitment have funded any portion of such Defaulting Lender’s Participation Advance in accordance with the provisions of Section 2.20, Administrative Agent will pay over to such non-Defaulting Lenders a pro rata portion of the funds so withheld from such Defaulting Lender). If Issuing Bank or Administrative Agent is required at any time to return to any such Borrower, or to a trustee, receiver, liquidator, custodian, or any official in any insolvency proceeding, any portion of the payments made by such Borrowers to Issuing Bank or Administrative Agent pursuant to Section 2.06(e) in reimbursement of a payment made under the Letter of Credit or interest or fee thereon, each applicable Lender shall, on demand of Administrative Agent, forthwith return to Issuing Bank or Administrative Agent the amount of its Applicable Percentage of any amounts so returned by Issuing Bank or Administrative Agent plus interest at the Federal Funds Effective Overnight Bank Funding Rate.. (f)

Appears in 1 contract

Samples: Credit Agreement (Big Lots Inc)

Repayment of Participation Advances. (i) Upon (and only upon) receipt by the Administrative Agent for the account of Issuing the LC Bank of immediately available funds from U.S. Borrowers the Borrower (iA) in reimbursement of any payment made by Issuing the LC Bank or Administrative Agent under the Letter of Credit with respect to which any Lender Program Participant has made a Participation Advance to the Administrative Agent, or (iiB) in payment of interest on such a payment made by Issuing the LC Bank or Administrative Agent under such a Letter of Credit, the Administrative Agent on behalf of the LC Bank will pay to each Lender holding a CommitmentProgram Participant, in the same funds as those received by the Administrative Agent, the amount of such LenderProgram Participant’s Applicable Percentage Ratable Share of such funds, except the Administrative Agent shall retain for the account of the LC Bank the amount of the Applicable Percentage Ratable Share of such funds of any Lender holding a Commitment Program Participant that did not make a Participation Advance in respect of such payment by Administrative Agent (and, to the extent that any of LC Bank and the other Lender(s) holding the Commitment have funded any portion LC Bank’s Ratable Share of such Defaulting Lender’s Participation Advance in accordance with funds. (ii) If the provisions of Section 2.20, Administrative Agent will pay over to such non-Defaulting Lenders a pro rata portion of the funds so withheld from such Defaulting Lender). If Issuing Bank or Administrative Agent is required at any time to return to any such Borrower, or to a trustee, receiver, liquidator, custodian, or any official in any insolvency proceedingInsolvency Proceeding, any portion of the payments any payment made by such Borrowers Borrower to Issuing Bank or the Administrative Agent for the account of the LC Bank pursuant to this Section 2.06(e) in reimbursement of a payment made under the any Letter of Credit or interest or fee fees thereon, each applicable Lender Program Participant shall, on demand of the Administrative Agent, forthwith return to Issuing Bank or the Administrative Agent for the account of the LC Bank the amount of its Applicable Percentage Ratable Share of any amounts so returned by Issuing Bank or the Administrative Agent plus interest thereon from the date such demand is made to the date such amounts are returned by such Program Participant to the Administrative Agent, at a rate per annum equal to the Federal Funds Effective Rate.Overnight Bank Funding Rate in effect from time to time. (e)

Appears in 1 contract

Samples: Receivables Financing Agreement (Davey Tree Expert Co)

Repayment of Participation Advances. (a) Upon (and only upon) receipt by Administrative Agent for the account of Issuing Bank Issuer of immediately available funds from U.S. Borrowers (i) in reimbursement of any payment made by Issuing Bank Issuer or Administrative Agent under the Letter of Credit with respect to which any Lender has made a Participation Advance to Administrative Agent, or (ii) in payment of interest on such a payment made by Issuing Bank Issuer or Administrative Agent under such a Letter of Credit, Administrative Agent will pay to each Lender holding a Revolving Commitment, in the same funds as those received by Administrative Agent, the amount of such Lender’s Applicable Revolving Commitment Percentage of such funds, except Administrative Agent shall retain the amount of the Applicable Revolving Commitment Percentage of such funds of any Lender holding a Revolving Commitment that did not make a Participation Advance in respect of such payment by Administrative Agent (and, to the extent that any of the other Lender(s) holding the Revolving Commitment have funded any portion of such Defaulting Lender’s Participation Advance in accordance with the provisions of Section 2.202.22, Administrative Agent will pay over to such nonNon-Defaulting Lenders a pro rata portion of the funds so withheld from such Defaulting Lender). (b) If Issuing Bank Issuer or Administrative Agent is required at any time to return to any such Borrower, or to a trustee, receiver, liquidator, custodian, or any official in any insolvency proceeding, any portion of the payments made by such Borrowers to Issuing Bank Issuer or Administrative Agent pursuant to Section 2.06(e2.15(a) in reimbursement of a payment made under the Letter of Credit or interest or fee thereon, each applicable Lender shall, on demand of Administrative Agent, forthwith return to Issuing Bank Issuer or Administrative Agent the amount of its Applicable Revolving Commitment Percentage of any amounts so returned by Issuing Bank Issuer or Administrative Agent plus interest at the Federal Funds Effective Rate. 2.16.

Appears in 1 contract

Samples: Cca Industries Inc

Repayment of Participation Advances. Upon (and only upon) receipt by the Revolving/TLA Administrative Agent for the account of an Issuing Bank Lender of immediately available funds from U.S. Borrowers the Borrower (i) in reimbursement of any payment made by such Issuing Bank or Administrative Agent Lender under the Letter of Credit with respect to which any Revolving Lender has made a payment to the Revolving/TLA Administrative Agent for the account of such Issuing Lender pursuant to this Section 2.9.4 (each such payment by a Revolving Lender, a “Participation Advance Advance”) to the Revolving/TLA Administrative Agent, or (ii) in payment of interest on such a payment made by such Issuing Bank or Administrative Agent Lender under such a Letter of Credit, the Revolving/TLA Administrative Agent on behalf of such Issuing Lender will pay to each Lender holding a CommitmentRevolving Lender, in the same funds as those received by the Revolving/TLA Administrative Agent, the amount of such Revolving Lender’s Applicable Percentage Ratable Share of such funds, except the Revolving/TLA Administrative Agent shall retain for the account of such Issuing Lender the amount of the Applicable Percentage Ratable Share of such funds of any Revolving Lender holding a Commitment that did not make a Participation Advance in respect of such payment by Administrative Agent (and, to the extent that any of the other Lender(s) holding the Commitment have funded any portion of such Defaulting Issuing Lender’s Participation Advance in accordance with the provisions of Section 2.20, Administrative Agent will pay over to such non-Defaulting Lenders a pro rata portion of the funds so withheld from such Defaulting Lender). If an Issuing Bank Lender or the Revolving/TLA Administrative Agent is required at any time to return to any such BorrowerLoan Party, or to a trustee, receiver, liquidator, custodian, or any official in any insolvency proceedingInsolvency Proceeding, any portion of the payments any payment made by such Borrowers any Loan Party to Issuing Bank or the Revolving/TLA Administrative Agent for the account of the Issuing Lender pursuant to this Section 2.06(e) in reimbursement of a payment made under the any Letter of Credit or interest or fee fees thereon, each applicable Revolving Lender shall, on demand of the Revolving/TLA Administrative AgentAgent or such Issuing Lender, forthwith return to Issuing Bank or the Revolving/TLA Administrative Agent for the account of such Issuing Lender the amount of its Applicable Percentage Ratable Share of any amounts so returned by Issuing Bank or the Revolving/TLA Administrative Agent plus interest thereon from the date such demand is made to the date such amounts are returned by such Revolving Lender to the Revolving/TLA Administrative Agent, at a rate per annum equal to the Federal Funds Effective RateRate in effect from time to time.

Appears in 1 contract

Samples: Credit Agreement (CONSOL Energy Inc.)

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