Sharing of Letter of Credit Payments. In the event that the Letter of Credit Issuer makes any payment under any Letter of Credit for which the Borrower shall not have repaid such amount to the Letter of Credit Issuer pursuant to Section 11.07 or which cannot be paid by an Advance pursuant to Subsection (iii) of Section 11.05(a), the Letter of Credit Issuer shall promptly notify each Lender of such failure, and each Lender shall promptly and unconditionally pay to the Letter of Credit Issuer such Lender’s ratable share of the amount of such payment in Dollars and in same day funds. If the Letter of Credit Issuer so notifies such Lender prior to 11:00 A.M. (Winston-Salem, North Carolina time) on any Domestic Business Day, such Lender shall make available to the Letter of Credit Issuer its ratable share of the amount of such payment on such Domestic Business Day in same day funds. If and to the extent such Lender shall not have so made its ratable share of the amount of such payment available to the Letter of Credit Issuer, such Lender agrees to pay to the Letter of Credit Issuer forthwith on demand such amount together with interest thereon, for each day from the date such payment was first due until the date such amount is paid to the Letter of Credit Issuer at the Base Rate. The failure of any Lender to make available to the Letter of Credit Issuer its ratable share of any such payment shall neither relieve nor increase the obligation of any other Lender hereunder to make available to the Letter of Credit Issuer its ratable share of any payment on the date such payment is to be made.
Appears in 2 contracts
Samples: Credit Agreement (St Joe Co), Credit Agreement (St Joe Co)
Sharing of Letter of Credit Payments. In the event that the Letter of Credit Issuer Issuing Bank makes any payment under any Letter of Credit for which the Borrower shall not have repaid such amount to the Letter of Credit Issuer Issuing Bank pursuant to Section 11.07 3.07 or which cannot be paid by an Advance a Revolving Loan pursuant to Subsection clause (iiia)(iii) of Section 11.05(a)3.05, the Letter of Credit Issuer Issuing Bank shall promptly notify each Revolving Lender of such failure, and each Revolving Lender shall promptly and unconditionally pay to the Letter of Credit Issuer Issuing Bank such Revolving Lender’s ratable share of the amount of such payment in Dollars and in same day funds. If the Letter of Credit Issuer Issuing Bank so notifies such Revolving Lender prior to 11:00 A.M. 10:00 a ..m. (Winston-Salem, North Carolina Eastern time) on any Domestic Business Day, such Lender shall make available to the Letter of Credit Issuer Issuing Bank its ratable share of the amount of such payment on such Domestic Business Day in same day funds. If and to the extent such Revolving Lender shall not have so made its ratable share of the amount of such payment available to the Letter of Credit IssuerIssuing Bank, such Revolving Lender agrees to pay to the Letter of Credit Issuer Issuing Bank forthwith on demand such amount together with interest thereon, for each day from the date such payment was first due until the date such amount is paid to the Letter of Credit Issuer Issuing Bank at the Federal Funds Rate for the first three (3) days and thereafter at the Base Rate. The failure of any Revolving Lender to make available to the Letter of Credit Issuer Issuing Bank its ratable share of any such payment shall neither relieve nor increase the obligation of any other Revolving Lender hereunder to make available to the Letter of Credit Issuer Issuing Bank its ratable share of any payment on the date such payment is to be made.
Appears in 1 contract
Samples: Credit Agreement (Avocent Corp)
Sharing of Letter of Credit Payments. In the event that the Letter of Credit Issuer Wachovia makes any payment under any Letter of Credit for which the Borrower shall not have repaid such amount to the Letter of Credit Issuer Wachovia pursuant to Section 11.07 SECTION 2.20 or which cannot be paid by an Advance a Revolving Loan pursuant to Subsection subsection (iii) of Section 11.05(a)SECTION 2.18, Wachovia shall notify the Letter of Credit Issuer Agent and the Agent shall promptly notify each Lender of such failure, and each Lender shall promptly and unconditionally pay to the Letter of Credit Issuer Wachovia such Lender’s ratable share 's Commitment Percentage of the amount of such payment in Dollars and in same day funds. If the Letter of Credit Issuer Agent so notifies such Lender prior to 11:00 10:00 A.M. (Winston-SalemAtlanta, North Carolina Georgia time) on any Domestic Business Day, such Lender shall make available to the Letter of Credit Issuer Wachovia its ratable share Commitment Percentage of the amount of such payment on such Domestic Business Day in same day funds. If and to the extent such Lender shall not have so made its ratable share Commitment Percentage of the amount of such payment available to the Letter of Credit IssuerWachovia, such Lender agrees to pay to the Letter of Credit Issuer Wachovia forthwith on demand such amount together with interest thereon, for each day from the date such payment was first due until the date such amount is paid to Wachovia at the Letter of Credit Issuer Federal Funds Rate for the first 3 days and thereafter at the Base Rate. The failure of any Lender to make available to the Letter of Credit Issuer Wachovia its ratable share Commitment Percentage of any such payment shall neither relieve nor increase the obligation of any other Lender hereunder to make available to the Letter of Credit Issuer Wachovia its ratable share Commitment Percentage of any payment on the date such payment is to be made.
Appears in 1 contract
Samples: Credit and Security Agreement (Thomas & Betts Corp)
Sharing of Letter of Credit Payments. In the event that the Letter of Credit Issuer Issuing Bank makes any payment under any Letter of Credit for which the Borrower shall not have repaid such amount to the Letter of Credit Issuer Issuing Bank pursuant to Section 11.07 3.07 or which cannot be paid by an Advance a Loan pursuant to Subsection (iii) of Section 11.05(a)3.05, the Letter of Credit Issuer Issuing Bank shall promptly notify each Lender of such failure, and each Lender shall promptly and unconditionally pay to the Letter of Credit Issuer Issuing Bank such Lender’s 's ratable share of the amount of such payment in Dollars and in same day funds. If the Letter of Credit Issuer Issuing Bank so notifies such Lender prior to 11:00 10:00 A.M. (Winston-SalemCharlotte, North Carolina time) on any Domestic Business Day, and otherwise on the next succeeding Domestic Business Day, such Lender shall make available to the Letter of Credit Issuer Issuing Bank its ratable share of the amount of such payment on such Domestic Business Day in same day funds. If and to the extent such Lender shall not have so made its ratable share of the amount of such payment available to the Letter of Credit IssuerIssuing Bank, such Lender agrees to pay to the Letter of Credit Issuer Issuing Bank forthwith on demand such amount together with interest thereon, for each day from the date such payment was first due until the date such amount is paid to the Letter of Credit Issuer Issuing Bank at the Federal Funds Rate for the first 3 days and thereafter at the Base Rate. The failure of any Lender to make available to the Letter of Credit Issuer Issuing Bank its ratable share of any such payment shall neither relieve nor increase the obligation of any other Lender hereunder to make available to the Letter of Credit Issuer Issuing Bank its ratable share of any payment on the date such payment is to be made.
Appears in 1 contract
Sharing of Letter of Credit Payments. In the event that the Letter of Credit Issuer makes any payment under any Letter of Credit for which the Borrower shall not have repaid reimbursed such amount to the Letter of Credit Issuer pursuant to Section 11.07 11.05(a)(i) or which cannot be paid by an Advance Revolver Advances pursuant to Subsection (iii) of Section 11.05(a11.05(a)(iii), the Letter of Credit Issuer shall promptly notify each Lender of such failure, and each Lender shall promptly and unconditionally pay to the Letter of Credit Issuer such Lender’s ratable share of the amount of such payment in Dollars and in same day immediately available funds. If the Letter of Credit Issuer so notifies such Lender prior to 11:00 A.M. (Winston-Salem, North Carolina time) on any Domestic Business Day, such Lender shall make available to the Letter of Credit Issuer its ratable share of the amount of such payment on such Domestic Business Day in same day funds. If and to the extent such Lender shall not have so made its ratable share of the amount of such payment available to the Letter of Credit Issuer, such Lender agrees to pay to the Letter of Credit Issuer forthwith on demand such amount together with interest thereonthereon at the Base Rate, for each day from the date such payment was first due until the date such amount is paid to the Letter of Credit Issuer at the Base RateIssuer. The failure of any Lender to make available to the Letter of Credit Issuer its ratable share of any such payment shall neither relieve nor increase the obligation of any other Lender hereunder to make available to the Letter of Credit Issuer its ratable share of any payment on the date such payment is to be made.
Appears in 1 contract
Samples: Credit Agreement (Trex Co Inc)
Sharing of Letter of Credit Payments. In the event that the Letter of Credit Issuer makes any payment under any Letter of Credit for which the Borrower shall not have repaid such amount to the Letter of Credit Issuer pursuant to Section 11.07 or which cannot be paid by an Advance pursuant to Subsection (iii) of Section 11.05(a), the Letter of Credit Issuer shall promptly notify each Lender of such failure, and each Lender shall promptly and unconditionally pay to the Letter of Credit Issuer such Lender’s ratable share of the amount of such payment in Dollars and in same day immediately available funds. If the Letter of Credit Issuer so notifies such Lender prior to 11:00 A.M. (Winston-Salem, North Carolina time) on any Domestic Business Day, such Lender shall make available to the Letter of Credit Issuer its ratable share of the amount of such payment on such Domestic Business Day in same day funds. If and to the extent such Lender shall not have so made its ratable share of the amount of such payment available to the Letter of Credit Issuer, such Lender agrees to pay to the Letter of Credit Issuer forthwith on demand such amount together with interest thereonthereon at the Base Rate, for each day from the date such payment was first due until the date such amount is paid to the Letter of Credit Issuer at the Base RateIssuer. The failure of any Lender to make available to the Letter of Credit Issuer its ratable share of any such payment shall neither relieve nor increase the obligation of any other Lender hereunder to make available to the Letter of Credit Issuer its ratable share of any payment on the date such payment is to be made.
Appears in 1 contract
Samples: Credit Agreement (Trex Co Inc)
Sharing of Letter of Credit Payments. In the event that the Letter of Credit Issuer makes any payment under any Letter of Credit for which the Borrower shall not have repaid reimbursed such amount to the Letter of Credit Issuer pursuant to Subsection (i) of Section 11.07 11.05(a) or which cannot be paid by an Advance Revolver Advances pursuant to Subsection (iii) of Section 11.05(a), the Letter of Credit Issuer shall promptly notify each Lender of such failure, and each Lender shall promptly and unconditionally pay to the Letter of Credit Issuer such Lender’s ratable share of the amount of such payment in Dollars and in same day immediately available funds. If the Letter of Credit Issuer so notifies such Lender prior to 11:00 A.M. (Winston-Salem, North Carolina time) on any Domestic Business Day, such Lender shall make available to the Letter of Credit Issuer its ratable share of the amount of such payment on such Domestic Business Day in same day funds. If and to the extent such Lender shall not have so made its ratable share of the amount of such payment available to the Letter of Credit Issuer, such Lender agrees to pay to the Letter of Credit Issuer forthwith on demand such amount together with interest thereonthereon at the Base Rate, for each day from the date such payment was first due until the date such amount is paid to the Letter of Credit Issuer at the Base RateIssuer. The failure of any Lender to make available to the Letter of Credit Issuer its ratable share of any such payment shall neither relieve nor increase the obligation of any other Lender hereunder to make available to the Letter of Credit Issuer its ratable share of any payment on the date such payment is to be made.
Appears in 1 contract
Samples: Credit Agreement (Trex Co Inc)
Sharing of Letter of Credit Payments. In the event that the Letter of Credit Issuer Issuing Bank makes any payment under any Letter of Credit for which the Borrower shall not have repaid such amount to the Letter of Credit Issuer Issuing Bank pursuant to Section 11.07 3.07 or which cannot be paid by an Advance a Loan pursuant to Subsection clause (iiia)(iii) of Section 11.05(a)3.05, the Letter of Credit Issuer Issuing Bank shall promptly notify each Lender of such failure, and each Lender shall promptly and unconditionally pay to the Letter of Credit Issuer Issuing Bank such Lender’s ratable share of the amount of such payment in Dollars and in same day funds. If the Letter of Credit Issuer Issuing Bank so notifies such Lender prior to 11:00 A.M. 10:00 a .m. (Winston-Salem, North Carolina Eastern time) on any Domestic Business Day, such Lender shall make available to the Letter of Credit Issuer Issuing Bank its ratable share of the amount of such payment on such Domestic Business Day in same day funds. If and to the extent such Lender shall not have so made its ratable share of the amount of such payment available to the Letter of Credit IssuerIssuing Bank, such Lender agrees to pay to the Letter of Credit Issuer Issuing Bank forthwith on demand such amount together with interest thereon, for each day from the date such payment was first due until the date such amount is paid to the Letter of Credit Issuer Issuing Bank at the Federal Funds Rate for the first three (3) days and thereafter at the Base Rate. The failure of any Lender to make available to the Letter of Credit Issuer Issuing Bank its ratable share of any such payment shall neither relieve nor increase the obligation of any other Lender hereunder to make available to the Letter of Credit Issuer Issuing Bank its ratable share of any payment on the date such payment is to be made.
Appears in 1 contract
Samples: Credit Agreement (Avocent Corp)
Sharing of Letter of Credit Payments. In the event that the Letter of Credit Issuer Wachovia makes any payment under any Letter of Credit for which the applicable Borrower shall not have repaid such amount to the Letter of Credit Issuer Wachovia pursuant to Section 11.07 SECTION 2.20 or which cannot be paid by an Advance a Revolving Loan pursuant to Subsection subsection (iii) of Section 11.05(a)SECTION 2.18, Wachovia shall notify the Letter of Credit Issuer Agent and the Agent shall promptly notify each Lender of such failure, and each Lender shall promptly and unconditionally pay to the Letter of Credit Issuer Wachovia such Lender’s ratable share 's Commitment Percentage of the amount of such payment in Dollars and in same day funds. If the Letter of Credit Issuer Agent so notifies such Lender prior to 11:00 10:00 A.M. (Winston-SalemAtlanta, North Carolina Georgia time) on any Domestic Business Day, such Lender shall make available to the Letter of Credit Issuer Wachovia its ratable share Commitment Percentage of the amount of such payment on such Domestic Business Day in same day funds. If and to the extent such Lender shall not have so made its ratable share Commitment Percentage of the amount of such payment available to the Letter of Credit IssuerWachovia, such Lender agrees to pay to the Letter of Credit Issuer Wachovia forthwith on demand such amount together with interest thereon, for each day from the date such payment was first due until the date such amount is paid to Wachovia at the Letter of Credit Issuer Federal Funds Rate for the first 3 days and thereafter at the Base Rate. The failure of any Lender to make available to the Letter of Credit Issuer Wachovia its ratable share Commitment Percentage of any such payment shall neither relieve nor increase the obligation of any other Lender hereunder to make available to the Letter of Credit Issuer Wachovia its ratable share Commitment Percentage of any payment on the date such payment is to be made.
Appears in 1 contract
Samples: Credit Agreement (Crown Crafts Inc)
Sharing of Letter of Credit Payments. In the event that the Letter of Credit Issuer makes any payment under any Letter of Credit for which the Borrower shall not have repaid such amount to the Letter of Credit Issuer pursuant to Section 11.07 or which cannot be paid by an Advance pursuant to Subsection (iii) of Section 11.05(a), the Letter of Credit Issuer shall promptly notify each Lender of such failure, and each Lender shall promptly and unconditionally pay to the Letter of Credit Issuer such Lender’s 's ratable share of the amount of such payment in Dollars and in same day funds. If the Letter of Credit Issuer so notifies such Lender prior to 11:00 10:00 A.M. (Winston-Salem, North Carolina time) on any Domestic Business Day, such Lender shall make available to the Letter of Credit Issuer its ratable share of the amount of such payment on such Domestic Business Day in same day funds. If and to the extent such Lender shall not have so made its ratable share of the amount of such payment available to the Letter of Credit Issuer, such Lender agrees to pay to the Letter of Credit Issuer forthwith on demand such amount together with interest thereon, for each day from the date such payment was first due until the date such amount is paid to the Letter of Credit Issuer at the Federal Funds Rate for the first three (3) days and thereafter at the Base Rate. The failure of any Lender to make available to the Letter of Credit Issuer its ratable share of any such payment shall neither relieve nor increase the obligation of any other Lender hereunder to make available to the Letter of Credit Issuer its ratable share of any payment on the date such payment is to be made.
Appears in 1 contract
Samples: Credit Agreement (Usa Truck Inc)
Sharing of Letter of Credit Payments. In the event that the Letter of Credit Issuer Issuing Bank makes any payment under any Letter of Credit for which the applicable Borrower shall not have repaid such amount to the Letter of Credit Issuer Issuing Bank pursuant to Section 11.07 2.16(g) or which cannot be paid by an Advance a Loan pursuant to Subsection (iiiSection 2.16(e) of Section 11.05(a), the Letter of Credit Issuer Issuing Bank shall promptly notify each Lender Bank of such failure, and each Lender Bank shall promptly and unconditionally pay to the Letter of Credit Issuer Issuing Bank such Lender’s Bank's ratable share of the amount of such payment in Dollars and Same Day Funds in same day fundsthe Applicable Currency of the relevant Letter of Credit. If the Letter of Credit Issuer Issuing Bank so notifies such Lender Bank prior to 11:00 A.M. 10:00 a.m. (Winston-SalemCharlotte, North Carolina time) on any Domestic Business Day, such Lender Bank shall make available to the Letter of Credit Issuer Issuing Bank its ratable share of the amount of such payment on such Domestic Business Day in same day fundsSame Day Funds. If such Bank notifies the Administrative Agent that it cannot make its ratable share of the amount of such payment in the Alternative Currency of the relevant Letter of Credit, the Administrative Agent shall inform the Bank and the Issuing Bank of the Spot Rate and the Bank may make a payment on the required Business Day to the Administrative Agent in Dollars in an amount sufficient, in the sole opinion of the Issuing Bank, for the Issuing Bank to purchase with Dollars such amount in the Alternative Currency based on the current Spot Rate. If and to the extent such Lender Bank shall not have so made its ratable share of the amount of such payment available to the Letter of Credit IssuerIssuing Bank, such Lender Bank agrees to pay to the Letter of Credit Issuer Issuing Bank forthwith on demand such amount together with interest thereon (or the Dollar Equivalent of such amount with interest thereon, if the Letter of Credit is denominated in an Alternative Currency), for each day from the date such payment was first due until the date such amount is paid to the Letter of Credit Issuer Issuing Bank at the Overnight Rate for the first 3 days and thereafter at the Base Rate. The failure of any Lender Bank to make available to the Letter of Credit Issuer Issuing Bank its ratable share of any such payment shall neither relieve nor increase the obligation of any other Lender Bank hereunder to make available to the Letter of Credit Issuer Issuing Bank its ratable share of any payment on the date such payment is to be made.
Appears in 1 contract
Sharing of Letter of Credit Payments. In the event that the Letter of Credit Issuer Issuing Bank makes any payment under any the Letter of Credit for which the Borrower shall not have repaid such amount to the Letter of Credit Issuer Issuing Bank pursuant to Section 11.07 2A.7 hereof or which cannot be paid by an Advance a Loan pursuant to Subsection subsection (iii) of Section 11.05(a)2A.5, the Letter of Credit Issuer Issuing Bank shall promptly notify each Lender of such failure, and each Lender shall promptly and unconditionally pay to the Letter of Credit Issuer Issuing Bank such Lender’s ratable share 's Commitment Share of the amount of such payment in Dollars and in same day funds. If the Letter of Credit Issuer Issuing Bank so notifies such Lender prior to 11:00 10:00 A.M. (Winston-SalemAtlanta, North Carolina Georgia time) on any Domestic Business Day, such Lender shall make available to the Letter of Credit Issuer Issuing Bank its ratable share Commitment Share of the amount of such payment on such Domestic Business Day in same day funds. If and to the extent such Lender shall not have so made its ratable share Commitment Share of the amount of such payment available to the Letter of Credit IssuerIssuing Bank, such Lender agrees to pay to the Letter of Credit Issuer Issuing Bank forthwith on demand such amount together with interest thereon, for each day from the date such payment was first due until the date such amount is paid to the Letter of Credit Issuer Issuing Bank at the Base Rate for the first 3 days and thereafter at the Default Rate. The failure of any Lender to make available to the Letter of Credit Issuer Issuing Bank its ratable share Commitment Share of any such payment shall neither relieve nor increase the obligation of any other Lender hereunder to make available to the Letter of Credit Issuer Issuing Bank its ratable share Commitment Share of any payment on the date such payment is to be made.
Appears in 1 contract
Samples: Credit Agreement (Gold Kist Inc)
Sharing of Letter of Credit Payments. In the event that the Letter of Credit Issuer makes any payment under any Letter of Credit for which the applicable Borrower shall not have repaid such amount to the Letter of Credit Issuer pursuant to Section 11.07 3.07 or which cannot be paid by an Advance a Loan pursuant to Subsection (iii) of Section 11.05(a)3.05, the Letter of Credit Issuer shall promptly notify each Lender of such failure, and each Lender shall promptly and unconditionally pay to the Letter of Credit Issuer such Lender’s 's ratable share of the amount of such payment in Dollars and in same day funds. If the Letter of Credit Issuer so notifies such Lender prior to 11:00 A.M. (Winston-SalemAtlanta, North Carolina Georgia time) on any Domestic Business Day, such Lender shall make available to the Letter of Credit Issuer its ratable share of the amount of such payment on such Domestic Business Day in same day funds. If and to the extent such Lender shall not have so made its ratable share of the amount of such payment available to the Letter of Credit Issuer, such Lender agrees to pay to the Letter of Credit Issuer forthwith on demand such amount together with interest thereon, for each day from the date such payment was first due until the date such amount is paid to the Letter of Credit Issuer at the Federal Funds Rate for the first 3 days and thereafter at the Base Rate. The failure of any Lender to make available to the Letter of Credit Issuer its ratable share of any such payment shall neither relieve nor increase the obligation of any other Lender hereunder to make available to the Letter of Credit Issuer its ratable share of any payment on the date such payment is to be made.
Appears in 1 contract
Sharing of Letter of Credit Payments. In the event that the Letter of Credit L/C Issuer makes any payment under any Letter of Credit for which the Borrower Borrowers shall not have repaid such amount to the Letter of Credit L/C Issuer pursuant to Section 11.07 hereto or which cannot be paid by an Advance pursuant to Subsection (iii) of Section 11.05(a)Advance, L/C Issuer shall notify the Letter of Credit Issuer Agent and the Agent shall promptly notify each Lender of such failure, and each Lender shall promptly and unconditionally pay to the Letter of Credit L/C Issuer such Lender’s ratable 's pro rata share of the amount of such payment in Dollars United States dollars and in same day funds. If the Letter of Credit Issuer Agent so notifies such Lender prior to 11:00 10:00 A.M. (Winston-SalemAtlanta, North Carolina Georgia time) on any Domestic Business Daybanking day, such Lender shall make available to the Letter of Credit L/C Issuer its ratable pro rata share of the amount of such payment on such Domestic Business Day banking day in same day funds. If and to the extent such Lender shall not have so made its ratable pro rata share of the amount of such payment available to the Letter of Credit L/C Issuer, such Lender agrees to pay to the Letter of Credit L/C Issuer forthwith on demand such amount together with interest thereon, for each day from the date such payment was first due until the date such amount is paid to the Letter of Credit L/C Issuer at the Base Federal Funds Rate for the first three (3) days and thereafter at the Reference Rate. The failure of any Lender to make available to the Letter of Credit L/C Issuer its ratable pro rata share of any such payment shall neither relieve nor increase the obligation of any other Lender hereunder to make available to the Letter of Credit L/C Issuer its ratable pro rata share of any payment on the date such payment is to be made.
Appears in 1 contract
Sharing of Letter of Credit Payments. In the event that the Letter of Credit LC Issuer makes any payment under any Letter of Credit for which the Borrower shall not have repaid such amount to the Letter of Credit LC Issuer pursuant to Section 11.07 SECTION 2.21 or which cannot be paid by an Advance a Revolving Loan pursuant to Subsection (iii) of Section 11.05(aSECTION 2.18(a)(iii), the Letter of Credit LC Issuer shall notify the Agent and the Agent shall promptly notify each Lender of such failure, and each Lender shall promptly and unconditionally pay to the Letter of Credit LC Issuer such Lender’s ratable share 's Commitment Percentage of the amount of such payment in Dollars and in same day funds. If the Letter of Credit Issuer Agent so notifies such Lender prior to 11:00 10:00 A.M. (Winston-SalemCharlotte, North Carolina Carolina, time) on any Domestic Business Day, such Lender shall make available to the Letter of Credit LC Issuer its ratable share Commitment Percentage of the amount of such payment on such Domestic Business Day in same day funds. If and to the extent such Lender shall not have so made its ratable share Commitment Percentage of the amount of such payment available to the Letter of Credit LC Issuer, such Lender agrees to pay to the Letter of Credit LC Issuer forthwith on demand such amount together with interest thereon, for each day from the date such payment was first due until the date such amount is paid to the Letter of Credit LC Issuer at the Federal Funds Rate for the first 3 days and thereafter at the Base Rate. The failure of any Lender to make available to the Letter of Credit LC Issuer its ratable share Commitment Percentage of any such payment shall neither relieve nor increase the obligation of any other Lender hereunder to make available to the Letter of Credit LC Issuer its ratable share Commitment Percentage of any payment on the date such payment is to be made.
Appears in 1 contract
Sharing of Letter of Credit Payments. In the event that the Letter of Credit LC Issuer makes any payment under any Letter of Credit for which the Borrower Borrowers shall not have repaid such amount to the Letter of Credit LC Issuer pursuant to Section 11.07 SECTION 2.19(a)(ii) or which cannot be paid by an Advance a Revolving Loan pursuant to Subsection (iii) of Section 11.05(aSECTION 2.18(a)(iii), the Letter of Credit LC Issuer shall notify the Agent and the Agent shall promptly notify each Lender of such failure, and each Lender shall promptly and unconditionally pay to the Letter of Credit LC Issuer such Lender’s ratable share 's Commitment Percentage of the amount of such payment in Dollars and in same day funds. If the Letter of Credit Issuer Agent so notifies such Lender prior to 11:00 10:00 A.M. (Winston-SalemCharlotte, North Carolina Carolina, time) on any Domestic Business Day, such Lender shall make available to the Letter of Credit LC Issuer its ratable share Commitment Percentage of the amount of such payment on such Domestic Business Day in same day funds. If and to the extent such Lender shall not have so made its ratable share Commitment Percentage of the amount of such payment available to the Letter of Credit LC Issuer, such Lender agrees to pay to the Letter of Credit LC Issuer forthwith on demand such amount together with interest thereon, for each day from the date such payment was first due until the date such amount is paid to the Letter of Credit LC Issuer at the Federal Funds Rate for the first 3 days and thereafter at the Base Rate. The failure of any Lender to make available to the Letter of Credit LC Issuer its ratable share Commitment Percentage of any such payment shall neither relieve nor increase the obligation of any other Lender hereunder to make available to the Letter of Credit LC Issuer its ratable share Commitment Percentage of any payment on the date such payment is to be made.
Appears in 1 contract
Sharing of Letter of Credit Payments. In the event that the Letter of Credit any Issuer makes any payment under any Letter of Credit for which the Borrower shall not have repaid such amount to the Letter of Credit Issuer pursuant to Section 11.07 10.07 or which cannot be paid by an Advance a Loan pursuant to Subsection (iii) of Section 11.05(a)10.05, the Letter of Credit Issuer shall notify the Administrative Agent and the Administrative Agent shall promptly notify each Lender of such failure, and each Lender shall promptly and unconditionally pay to the Letter of Credit relevant Issuer such Lender’s 's ratable share of the Dollar Equivalent amount of such payment in Dollars and in same day funds. If the Letter of Credit Issuer Administrative Agent so notifies such Lender prior to 11:00 10:00 A.M. (Winston-SalemAtlanta, North Carolina Georgia time) on any Domestic Business Day, such Lender shall make available to the Letter of Credit relevant Issuer its ratable share of the amount of such payment on such Domestic Business Day in same day funds. If and to the extent such Lender shall not have so made its ratable share of the amount of such payment available to the Letter of Credit relevant Issuer, such Lender agrees to pay to the Letter of Credit such Issuer forthwith on demand such amount together with interest thereon, for each day from the date such payment was first due until the date such amount is paid to the Letter of Credit Issuer at the Base Rate for the first 3 days and thereafter at the Default Rate. The failure of any Lender to make available to the Letter of Credit Issuer its ratable share Commitment Share of any such payment shall neither relieve nor increase the obligation of any other Lender hereunder to make available to the Letter of Credit relevant Issuer its ratable share of any payment on the date such payment is to be made.
Appears in 1 contract
Samples: Credit Agreement (Airborne Inc /De/)
Sharing of Letter of Credit Payments. In the event that the Letter of Credit Issuer makes any payment under any Letter of Credit for which the Borrower shall not have repaid such amount to the Letter of Credit Issuer pursuant to Section 11.07 3.07 or which cannot be paid by an Advance a Loan pursuant to Subsection (iii) of Section 11.05(a)3.05, the Letter of Credit Issuer shall promptly notify each Lender Bank of such failure, and each Lender Bank shall promptly and unconditionally pay to the Letter of Credit Issuer such Lender’s Bank's ratable share of the amount of such payment in Dollars and in same day funds. If the Letter of Credit Issuer so notifies such Lender Bank prior to 11:00 10:00 A.M. (Winston-SalemAtlanta, North Carolina Georgia time) on any Domestic Business Day, and otherwise on the next succeeding Domestic Business Day, such Lender Bank shall make available to the Letter of Credit Issuer its ratable share of the amount of such payment on such Domestic Business Day in same day funds. If and to the extent such Lender Bank shall not have so made its ratable share of the amount of such payment available to the Letter of Credit Issuer, such Lender Bank agrees to pay to the Letter of Credit Issuer forthwith on demand such amount together with interest thereon, for each day from the date such payment was first due until the date such amount is paid to the Letter of Credit Issuer at the Federal Funds Rate for the first 3 days and thereafter at the Base Rate. The failure of any Lender Bank to make available to the Letter of Credit Issuer its ratable share of any such payment shall neither relieve nor increase the obligation of any other Lender Bank hereunder to make available to the Letter of Credit Issuer its ratable share of any payment on the date such payment is to be made.
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Sharing of Letter of Credit Payments. In the event that the Letter of Credit Issuer makes any payment under any Letter of Credit for which the Borrower shall not have repaid such amount to the Letter of Credit Issuer pursuant to Section 11.07 2A.5 or which cannot then be paid by an Advance a Revolving Loan pursuant to Subsection (iii) of Section 11.05(a)2A.5, the Letter of Credit Issuer shall notify the Administrative Agent, and the Administrative Agent shall promptly notify each Lender Bank having a Letter of Credit Commitment in regard thereto of such failure, and each Lender such Bank shall promptly and unconditionally pay to the Letter of Credit Issuer such Lender’s ratable Bank's pro rata share of the amount of such payment in Dollars and payment, based on its aforesaid Letter of Credit Commitment, in same day funds. If the Letter of Credit Issuer Administrative Agent so notifies such Lender Bank prior to 11:00 10:00 A.M. (Winston-SalemAtlanta, North Carolina Georgia time) on any Domestic Business Day, such Lender Bank shall make available to the Letter of Credit Issuer its ratable pro rata share of the amount of such payment on such Domestic Business Day in same day funds. If and to the extent such Lender Bank shall not have so made its ratable pro rata share of the amount of such payment available to the Letter of Credit Issuer, such Lender Bank agrees to pay to the Letter of Credit Issuer forthwith on demand such amount together with interest thereon, for each day from the date such payment was first due until the date such amount is paid to the Letter of Credit Issuer at the Federal Funds Rate for the first three (3) Domestic Business Days and, thereafter, at the Base Rate. The failure of any Lender Bank to make available to the Letter of Credit Issuer its ratable pro rata share of any such payment shall neither relieve nor increase the obligation of any other Lender Bank hereunder to make available to the Letter of Credit Issuer its ratable pro rata share of any payment on the date such payment is to be made.
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Samples: Credit Agreement (Avado Brands Inc)
Sharing of Letter of Credit Payments. In the event that the Letter of Credit LC Issuer makes any payment under any Letter of Credit for which the applicable Borrower shall not have repaid such amount to the Letter of Credit LC Issuer pursuant to Section 11.07 SECTION 2.19 or which cannot be paid by an Advance a Revolving Loan pursuant to Subsection (iii) of Section 11.05(aSECTION 2.19(a)(iii), the Letter of Credit LC Issuer shall notify the Agent and the Agent shall promptly notify each Lender of such failure, and each Lender shall promptly and unconditionally pay to the Letter of Credit LC Issuer such Lender’s ratable share 's Commitment Percentage of the amount of such payment in Dollars and in same day funds. If the Letter of Credit Issuer Agent so notifies such Lender prior to 11:00 10:00 A.M. (Winston-SalemCharlotte, North Carolina Carolina, time) on any Domestic Business Day, such Lender shall make available to the Letter of Credit LC Issuer its ratable share Commitment Percentage of the amount of such payment on such Domestic Business Day in same day funds. If and to the extent such Lender shall not have so made its ratable share Commitment Percentage of the amount of such payment available to the Letter of Credit LC Issuer, such Lender agrees to pay to the Letter of Credit LC Issuer forthwith on demand such amount together with interest thereon, for each day from the date such payment was first due until the date such amount is paid to the Letter of Credit LC Issuer at the Federal Funds Rate for the first 3 days and thereafter at the Base Rate. The failure of any Lender to make available to the Letter of Credit LC Issuer its ratable share Commitment Percentage of any such payment shall neither relieve nor increase the obligation of any other Lender hereunder to make available to the Letter of Credit LC Issuer its ratable share Commitment Percentage of any payment on the date such payment is to be made.
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Sharing of Letter of Credit Payments. In the event that the Letter of Credit an Issuer makes any payment under any Letter of Credit for which the Borrower shall not have repaid such amount to the Letter of Credit Issuer pursuant to Section 11.07 SECTION 2.15(a) or which cannot be paid by an Advance a Revolving Loan pursuant to Subsection subsection (iii) of Section 11.05(aSECTION 2.14(a), excluding however, the Prudential Notes Letter of Credit and each Commercial Letter of Credit, the Issuer shall notify the Administrative Agent and the Administrative Agent shall promptly notify each Lender of such failure, and each Lender shall promptly and unconditionally pay to the Letter of Credit Issuer such Lender’s ratable 's pro rata share of the amount of such payment in Dollars and in same day funds. If the Letter of Credit Issuer Administrative Agent so notifies such Lender prior to 11:00 10:00 A.M. (Winston-SalemAtlanta, North Carolina Georgia time) on any Domestic Business Day, such Lender shall make available to the Letter of Credit Issuer Administrative Agent its ratable pro rata share of the amount of such payment on such Domestic Business Day in same day funds. If and to the extent such Lender shall not have so made its ratable pro rata share of the amount of such payment available to the Letter of Credit Issuer, such Lender agrees to pay to the Letter of Credit Issuer Administrative Agent forthwith on demand such amount together with interest thereon, for each day from the date such payment was first due until the date such amount is paid to Issuer at the Letter of Credit Issuer Federal Funds Rate for the three (3) days and thereafter at the Base Rate. The failure of any Lender to make available to the Letter of Credit Issuer its ratable pro rata share of any such payment shall neither relieve nor increase the obligation of any other Lender hereunder to make available to the Letter of Credit Issuer its ratable pro rata share of any payment on the date such payment is to be made.
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Samples: Credit and Security Agreement (Thomaston Mills Inc)