Common use of Special Provisions Applicable to Lenders Upon the Occurrence of a Re-Allocation Event Clause in Contracts

Special Provisions Applicable to Lenders Upon the Occurrence of a Re-Allocation Event. (a) On the date of the occurrence of any Re-Allocation Event, (i) if any Swing Line Loans are outstanding, the Revolving Credit Lenders shall pay to the Administrative Agent, for the account of the Swing Line Lender, its Pro Rata Share of each Swing Line Loan in accordance with the requirements of Section 2.04(c) (with the notice to be given by the Swing Line Lender to the Administrative Agent (and by the Administrative Agent to the Revolving Credit Lenders) thereunder to be deemed to have been given on the date of the occurrence of any Re-Allocation Event) and (ii) if there have been any L/C Borrowings pursuant to Letters of Credit which have not yet been reimbursed to the L/C Issuer pursuant to Section 2.03(d), the Revolving Credit Lenders shall make payments to the Administrative Agent (for the account of the L/C Issuer) therefor in accordance with the requirements of Section 2.03(d) (with the notice to be given by the L/C Issuer to the Administrative Agent (and by the Administrative Agent to the Revolving Credit Lenders) thereunder to be deemed to be given on the date of the occurrence of any Re-Allocation Event). For purposes of making calculations pursuant to the following provisions of this Section 11.02, such payments shall be deemed to have been made on the date of the occurrence of the Re-Allocation Event, before making such calculations. Notwithstanding anything to the contrary contained in the immediately preceding sentence, any Lender which has failed, or fails, to make any payments required to be made by it as described in this Article XI shall remain obligated to make such payments, together with interest thereon, and shall be obligated to the Swing Line Lender or the L/C Issuer, as the case may be, for any damages caused by its delay or failure in making any payments required to be made by it as described above.

Appears in 8 contracts

Samples: Credit Agreement (Axalta Coating Systems Ltd.), Credit Agreement (Ortho Clinical Diagnostics Holdings PLC), Fourth Amendment (Ortho Clinical Diagnostics Holdings PLC)

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Special Provisions Applicable to Lenders Upon the Occurrence of a Re-Allocation Event. (a) On the date of the occurrence of any Re-Allocation Event, (i) no further Credit Extensions shall be allowed under the Canadian Subfacility or the U.S. Subfacility, (ii) if any Swing Line Swingline Loans are outstanding, the applicable Revolving Credit Lenders shall pay to the Administrative Agent, for the account of the Swing Line applicable Swingline Lender, its Pro Rata Share of each Swing Line Swingline Loan in accordance with the requirements of Section 2.04(c2.12(d) of the Credit Agreement (with the notice to be given by the Swing Line applicable Swingline Lender to the Administrative Agent (and by the Administrative Agent to the applicable Revolving Credit Lenders) thereunder to be deemed to have been given on the date of the occurrence of any Re-Allocation Event) and (iiiii) if there have been any L/C Borrowings LC Disbursements pursuant to Letters of Credit which have not yet been reimbursed to the L/C Issuer applicable Issuing Bank pursuant to Section 2.03(d)2.13(d) of the Credit Agreement, the applicable Revolving Credit Lenders shall make payments to the Administrative Agent (for the account of the L/C Issuerapplicable Issuing Bank) therefor in accordance with the requirements of Section 2.03(d2.13(d) of the Credit Agreement (with the notice to be given by the L/C Issuer applicable Issuing Bank to the Administrative Agent (and by the Administrative Agent to the Revolving Credit Lenders) thereunder to be deemed to be given on the date of the occurrence of any Re-Allocation Event) and such payments will be deposited into accounts, with at least one such account for each of (x) the U.S. Facilities Obligations and (y) the Canadian Facilities Obligations (each, a “Special Reserve Account”). For purposes of making calculations pursuant to the following provisions of this Section 11.022, such payments shall be deemed to have been made on the date of the occurrence of the Re-Allocation Event, before making such calculations. Notwithstanding anything to the contrary contained in the immediately preceding sentence, any Lender which has failed, or fails, to make any payments required to be made by it as described in this Article XI Section 2 shall remain obligated to make such payments, together with interest thereon, and shall be obligated to the Swing Line applicable Swingline Lender or the L/C Issuerapplicable Issuing Bank, as the case may be, for any damages caused by its delay or failure in making any payments required to be made by it as described above. In the event that upon the occurrence of a Re-Allocation Event any Letter of Credit shall be outstanding and undrawn in whole or in part, each Revolving Lender holding any of the applicable Facilities Obligations shall on the date of the occurrence of such Re-Allocation Event, but before giving effect to the purchases and sales of participations on such date pursuant to Section 2(c), promptly pay over to the Administrative Agent, in immediately available funds, an amount equal to such Revolving Lender’s Pro Rata Share of such undrawn face amount, together with interest thereon from the date of the Re-Allocation Event to the date on which such amount shall be paid to the Administrative Agent at a rate per annum equal to the Federal Funds Rate which shall be deposited in the Special Reserve Accounts. The Administrative Agent shall establish a record detailing the amount received from each such Revolving Lender pursuant to the preceding sentence.

Appears in 1 contract

Samples: Credit Agreement (Resolute Forest Products Inc.)

Special Provisions Applicable to Lenders Upon the Occurrence of a Re-Allocation Event. (a) On the date of the occurrence of any Re---Allocation Event, (i) if any Swing Line Loans are outstanding, the Revolving Credit Lenders shall pay to the Administrative Agent, for the account of the Swing Line Lender, its Pro Rata Share of each Swing Line Loan in accordance with the requirements of Section 2.04(c) (with the notice to be given by the Swing Line Lender to the Administrative Agent (and by the Administrative Agent to the Revolving Credit Lenders) thereunder to be deemed to have been given on the date of the occurrence of any Re---Allocation Event) and (ii) if there have been any L/C Borrowings pursuant to Letters of Credit which have not yet been reimbursed to the L/C Issuer pursuant to Section 2.03(d), the Revolving Credit Lenders shall make payments to the Administrative Agent (for the account of the L/C Issuer) therefor in accordance with the requirements of Section 2.03(d) (with the notice to be given by the L/C Issuer to the Administrative Agent (and by the Administrative Agent to the Revolving Credit Lenders) thereunder to be deemed to be given on the date of the occurrence of any Re---Allocation Event). For purposes of making calculations pursuant to the following provisions of this Section 11.02, such payments shall be deemed to have been made on the date of the occurrence of the Re---Allocation Event, before making such calculations. Notwithstanding anything to the contrary contained in the immediately preceding sentence, any Lender which has failed, or fails, to make any payments required to be made by it as described in this Article XI shall remain obligated to make such payments, together with interest thereon, and shall be obligated to the Swing Line Lender or the L/C Issuer, as the case may be, for any damages caused by its delay or failure in making any payments required to be made by it as described above.

Appears in 1 contract

Samples: Credit Agreement (Axalta Coating Systems Ltd.)

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Special Provisions Applicable to Lenders Upon the Occurrence of a Re-Allocation Event. (a) On the date of the occurrence of any Re-Allocation Event, (i) if any Swing Line Loans are outstanding, the Revolving Credit Lenders shall pay to the Administrative Agent, for the account of the Swing Line Lender, its Pro Rata Share of each Swing Line Loan in accordance with the requirements of Section 2.04(c) (with the notice to be given by the Swing Line Lender to the Administrative Agent (and by the Administrative Agent to the Revolving Credit Lenders) thereunder to be deemed to have been given on the date of the occurrence of any Re-Allocation Event) and (ii) if there have been any L/C Borrowings pursuant to Letters of Credit which have not yet been reimbursed to the L/C Issuer pursuant to Section 2.03(d), the Revolving Credit Lenders shall make payments to the Administrative Agent (for the account of the L/C Issuer) therefor in accordance with the requirements of Section 2.03(d) (with the notice to be given by the L/C Issuer to the Administrative Agent (and by the Administrative Agent to the Revolving Credit Lenders) thereunder to be deemed to be given on the date of the occurrence of any Re-Allocation Event). For purposes of making calculations pursuant to the following provisions of this Section 11.02, such payments shall be deemed to have been made on the date of the occurrence of the Re-Allocation Event, before making such calculations. Notwithstanding anything to the contrary contained in the immediately preceding sentence, any Lender which has failed, or fails, to make any payments required to be made by it as described in this Article XI shall remain obligated to make such payments, together with interest thereon, and shall be obligated to the Swing Line Lender or the L/C Issuer, as the case may be, for any damages 230 caused by its delay or failure in making any payments required to be made by it as described above.

Appears in 1 contract

Samples: Credit Agreement (Axalta Coating Systems Ltd.)

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