Right to Give Drawdown Notices. In furtherance of the foregoing, if any Lender becomes, and during the period it remains, a Defaulting Lender or a Potential Defaulting Lender, each of the Letter of Credit Issuer and the Swingline Lender is hereby authorized by the Borrowers (which authorization is irrevocable and coupled with an interest) to give, in its discretion, through the Administrative Agent, Notice of Borrowing pursuant to Section 2.3 in such amounts and in such times as may be required to (i) reimburse an outstanding L/C Participation, (ii) repay an outstanding Swingline Loan, and/or (iii) Cash Collateralize the obligations of the Borrowers in respect of outstanding Letters of Credit or Swingline Loans in an amount at least equal to the aggregate amount of the obligations (contingent or otherwise) of such Defaulting Lender or Potential Defaulting Lender in respect of such Letter of Credit or Swingline Loan.
Appears in 3 contracts
Samples: Credit Agreement (Railamerica Inc /De), Credit Agreement (Railamerica Inc /De), Credit Agreement (Railamerica Inc /De)
Right to Give Drawdown Notices. In furtherance of the foregoing, if any Lender Bank becomes, and during the period it remains, a Defaulting Lender or a Potential Defaulting Lender, each of the Letter of Credit Issuer and the Swingline Lender Issuing Bank is hereby authorized by the Borrowers Parent (which authorization is irrevocable and coupled with an interest) to give, in its discretion, through the Administrative Agent, Notice Notices of Borrowing pursuant to Section 2.3 2.02 in such amounts and in at such times as may be required to (ia) reimburse an outstanding L/C Participation, disbursement made with respect to a Letter of Credit that has not been reimbursed by the Borrowers upon demand pursuant to Section 2.18(c) or (ii) repay an outstanding Swingline Loan, and/or (iiib) Cash Collateralize the obligations of the Borrowers in respect of outstanding Letters of Credit or Swingline Loans in an amount at least equal to the aggregate amount of the obligations (contingent or otherwise) of such Defaulting Lender or Potential Defaulting Lender in respect of such Letter of Credit or Swingline Loan(after giving effect to any reallocation under Section 2.21(a)) if and to the extent the Borrowers do not comply with their obligations to provide Cash Collateral under Section 2.21(b).
Appears in 2 contracts
Samples: Credit Agreement (Ensco PLC), Credit Agreement (Ensco PLC)
Right to Give Drawdown Notices. In furtherance of the foregoing, if any Lender becomes, and during the period it remains, a Defaulting Lender or a Potential Defaulting Lender, each of the Letter of Credit Issuer Issuing Bank and the Swingline Lender is hereby authorized by the Borrowers Borrower (which authorization is irrevocable and coupled with an interest) to give, in its discretion, through the Administrative Agent, Notice of a Borrowing Request for a Revolving Facility Loan pursuant to Section 2.3 2.03 in such amounts and in such times as may be required to (i) reimburse an outstanding L/C ParticipationDisbursement, (ii) repay an outstanding Swingline Loan, and/or (iii) Cash Collateralize the obligations of the Borrowers Borrower in respect of outstanding Letters of Credit or Swingline Loans in an amount at least equal to the aggregate amount of the obligations (contingent or otherwise) of such Defaulting Lender or Potential Defaulting Lender in respect of such Letter of Credit or Swingline Loan.
Appears in 2 contracts
Samples: Credit Agreement (Nuance Communications, Inc.), Credit Agreement (Nuance Communications, Inc.)
Right to Give Drawdown Notices. In furtherance of the foregoing, if any Lender becomes, and during the period it remains, a Defaulting Lender or a Potential Defaulting Lender, each of the Letter of Credit Issuer Issuing Bank and the Swingline Lender is hereby authorized by the Borrowers (which authorization is irrevocable and coupled with an interest) to give, in its discretion, through the Administrative Agent, Revolving Loan Notice of Borrowing pursuant to Section 2.3 2.02 in such amounts and in such times as may be required to (i) reimburse an outstanding L/C ParticipationLC Disbursement, (ii) repay an outstanding Swingline Loan, and/or (iii) Cash Collateralize the obligations of the Borrowers in respect of outstanding Letters of Credit or Swingline Loans in an amount at least equal to the aggregate amount of the obligations (contingent or otherwise) of such Defaulting Lender or Potential Defaulting Lender in respect of such Letter of Credit or Swingline Loan.
Appears in 2 contracts
Samples: Credit Agreement (KKR Financial Holdings LLC), Credit Agreement (KKR Financial Holdings LLC)
Right to Give Drawdown Notices. In furtherance of the foregoing, if any Lender becomes, and during the period it remains, a Defaulting Lender or a Potential Defaulting Lender, each of the Letter of Credit L/C Issuer and the Swingline Swing Line Lender is hereby authorized by the Borrowers Borrower (which authorization is irrevocable and coupled with an interest) to give, in its discretion, through the Administrative Agent, Notice Notices of Borrowing pursuant to Section 2.3 2.03 in such amounts and in such times as may be required to (i) reimburse an outstanding L/C ParticipationAdvance, (ii) repay an outstanding Swingline Swing Line Loan, and/or (iii) Cash Collateralize the obligations of the Borrowers Borrower in respect of outstanding Letters of Credit or Swingline Swing Line Loans in an amount at least equal to the aggregate amount of the obligations (contingent or otherwise) of such Defaulting Lender or Potential Defaulting Lender in respect of such Letter of Credit or Swingline Swing Line Loan, in each case after taking into account any reallocation of such obligations pursuant to Section 2.16(a) hereof.
Appears in 1 contract
Right to Give Drawdown Notices. In furtherance of the foregoing, if any Lender becomes, and during the period it remains, a Defaulting Lender or a Potential Defaulting Lender, each of the Letter of Credit Issuer and the each Swingline Lender is hereby authorized by the Borrowers (which authorization is irrevocable and coupled with an interest) to give, in its discretion, through the Administrative AgentAgents, Notice Notices of Borrowing pursuant to Section 2.3 2.3(b) in such amounts and in such times as may be required to (i) reimburse an outstanding L/C ParticipationUnpaid Drawing, (ii) repay an outstanding Swingline Loan, Loan and/or (iii) Cash Collateralize the obligations of the Borrowers in respect of outstanding Letters of Credit or Swingline Loans in an amount at least equal to the aggregate amount of the obligations (contingent or otherwise) of such Defaulting Lender or Potential Defaulting Lender in respect of such Letter of Credit or Swingline Loan.β
Appears in 1 contract
Right to Give Drawdown Notices. In furtherance of the foregoing, if any Lender becomes, and during the period it remains, a Defaulting Lender or a Potential Defaulting Lender, each of the Letter of Credit Issuer Issuing Bank and the Swingline Lender is hereby authorized by the Co-Borrowers (which authorization is irrevocable and coupled with an interest) to give, in its discretion, through the Administrative Agent, Notice of Borrowing Requests pursuant to Section 2.3 2.03 in such amounts and in such times as may be required to (i) reimburse an outstanding L/C ParticipationDisbursement, (ii) repay an outstanding Swingline Loan, and/or (iii) Cash Collateralize the obligations of the Co-Borrowers in respect of outstanding Letters of Credit or Swingline Loans in an amount at least equal not to exceed the aggregate amount of the obligations (contingent or otherwise) of such Defaulting Lender or Potential Defaulting Lender in respect of such Letter of Credit or Swingline Loan.
Appears in 1 contract
Right to Give Drawdown Notices. In furtherance of the foregoing, if any Lender becomes, and during the period it remains, a Defaulting Lender or a Potential Defaulting Lender, each of the Letter of Credit Issuer Issuing Bank and the Swingline Lender is hereby authorized by the Borrowers Borrower (which authorization is irrevocable and coupled with an interest) to give, in its discretion, through the Administrative Agent, Notice of a Borrowing Request for a Revolving Loan pursuant to Section 2.3 2.03 in such amounts and in such times as may be required to (i) reimburse an outstanding L/C ParticipationLC Disbursement, (ii) repay an outstanding Swingline Loan, and/or (iii) Cash Collateralize the obligations of the Borrowers Borrower in respect of outstanding Letters of Credit or Swingline Loans in an amount at least equal to the aggregate amount of the obligations (contingent or otherwise) of such Defaulting Lender or Potential Defaulting Lender in respect of such Letter of Credit or Swingline Loan.
Appears in 1 contract
Samples: Credit Agreement (PharMerica CORP)
Right to Give Drawdown Notices. In furtherance of the foregoing, if any Lender becomes, and during the period it remains, a Defaulting Lender or a Potential Defaulting Lender, each of the Letter of Credit Issuer Issuing Bank and the Swingline Lender is hereby authorized by the Borrowers Borrower (which authorization is irrevocable and coupled with an interest) to give, in its discretion, through the Administrative Agent, a Loan Notice of Borrowing for a Revolving Loan pursuant to Section 2.3 2.03 in such amounts and in such times as may be required to (i) reimburse an outstanding L/C ParticipationLC Advance, (ii) repay an outstanding Swingline Loan, and/or (iii) Cash Collateralize the obligations of the Borrowers Borrower in respect of outstanding Letters of Credit or Swingline Loans in an amount at least equal to the aggregate amount of the obligations (contingent or otherwise) of such Defaulting Lender or Potential Defaulting Lender in respect of such Letter of Credit or Swingline Loan.
Appears in 1 contract
Samples: Credit Agreement (PharMerica CORP)
Right to Give Drawdown Notices. In furtherance of the foregoing, if any Lender becomes, and during the period it remains, a Defaulting Lender or a Potential Defaulting Lender, each of the Letter of Credit Issuer Issuing Bank and the Swingline Lender is hereby authorized by the Borrowers Borrower (which authorization is irrevocable and coupled with an interest) to give, in its discretion, through the Administrative Agent, Notice of Borrowing Revolving Loan Notices pursuant to Section 2.3 2.02 in such amounts and in such times as may be required to (i) reimburse an outstanding L/C ParticipationLC Disbursement, (ii) repay an outstanding Swingline Loan, and/or (iii) Cash Collateralize the obligations of the Borrowers Borrower in respect of outstanding Letters of Credit or Swingline Loans in an amount at least equal to the aggregate amount of the obligations (contingent or otherwise) of such Defaulting Lender or Potential Defaulting Lender in respect of such Letter of Credit or Swingline Loan.
Appears in 1 contract