Common use of The Reimbursement Obligations Clause in Contracts

The Reimbursement Obligations. Subject to Section 1.3(b) hereof, the joint and several obligations of the Borrowers to reimburse the L/C Issuer for all drawings under a Letter of Credit (a “Reimbursement Obligation”) shall be governed by the Application related to such Letter of Credit, except that reimbursement shall be made in immediately available funds (i) if such Letter of Credit is issued in U.S. Dollars, by no later than 3:00 p.m. (New York time) on the date when each drawing is to be paid if the Borrower Representative has been informed of such drawing by the L/C Issuer on or before 12:00 noon (New York time) on the date when such drawing is to be paid or, if notice of such drawing is given to the Borrower Representative after 12:00 noon (New York time) on the date when such drawing is to be paid, by no later than 1:00 p.m. (New York time) on the following Business Day, in immediately available funds at the Administrative Agent’s principal office in New York, New York, or such other office as the Administrative Agent may designate in writing to the Borrower Representative and (ii) if such Letter of Credit is denominated in an Alternative Currency, to such local office as the Administrative Agent has previously specified, by no later than 2:00 p.m. (local time) on the date when each drawing is to be paid if the Borrowers have been informed of such drawing by the L/C Issuer on or before 11:00 a.m. (local time) (including the day before such drawing is to be paid) on the date when such drawing is to be paid or, if notice of such drawing is given to the Borrower Representative after 11:00 a.m. (local time) on the date when such drawing is to be paid, by no later than 12:00 noon (local time) on the following Business Day (and the Borrowers shall thereafter cause to be distributed to the L/C Issuer such amount(s) in like funds). If the Borrowers do not make any such reimbursement payment on the date due and the Participating Lenders fund their participations therein in the manner set forth in Section 1.3(e) below, then all payments thereafter received by the Administrative Agent in discharge of any of the relevant Reimbursement Obligations shall be distributed in accordance with Section 1.3(e) below.

Appears in 2 contracts

Samples: Amendment Agreement (Boulder Brands, Inc.), Credit Agreement (Boulder Brands, Inc.)

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The Reimbursement Obligations. Subject to Section 1.3(b1.3(d) hereof, the joint and several obligations of the applicable Borrowers (determined as set forth in clause (i) of the third sentence of Section 1.3(d) hereof) to reimburse the L/C Issuer relevant Issuing Agent for all drawings under a Letter of Credit (a "Reimbursement Obligation") shall be governed by the Application related to such Letter of Credit, except that (i) payments of drawings shall be made to the Administrative Agent, not the Issuing Agent, and the Administrative Agent shall promptly thereafter remit such payment in like funds as received to the relevant Issuing Agent, (ii) the reimbursement by such Borrowers of drawings made under a Letter of Credit denominated in U.S. Dollars shall be made in immediately available funds U.S. Dollars and (iiii) if the reimbursement by such Borrowers of drawings made under a Letter of Credit is issued denominated in an Alternative Currency shall be made by payment in U.S. DollarsDollars of the U.S. Dollar Equivalent, calculated on the date the relevant Issuing Agent paid such draws, of the amount paid by such Issuing Agent pursuant to such drawing, or, if such Issuing Agent shall elect by notice to the Company and the Administrative Agent, by payment in the Alternative Currency which was paid by such Issuing Agent pursuant to such drawing in an amount equal to such drawing and (iv) reimbursement in U.S. Dollars of a drawing paid shall be made by no later than 3:00 1:30 p.m. (New York Chicago time) on the date when each drawing is to be paid if the applicable Borrower Representative has been informed of such drawing is notified by the L/C Issuer on or before 12:00 noon Issuing Agent by 11:00 a.m. (New York Chicago time) that a reimbursement is due on the date when such drawing is to be paid that day or, if notice of such drawing is given to the applicable Borrower Representative after 12:00 noon 11:00 a.m. (New York Chicago time) on the date when such drawing is to be paid, by no later than 1:00 p.m. (New York time) on the following Business Dayend of such day, in immediately available funds at the Administrative Agent’s principal office in New York, New York, or such other office as the Administrative Agent may designate in writing to the Borrower Representative and (ii) if such Letter of Credit is denominated reimbursement in an Alternative Currency, to such local office as the Administrative Agent has previously specified, by no later than 2:00 p.m. (local time) on the date when each Currency of a drawing is to paid shall be paid if the Borrowers have been informed of such drawing by the L/C Issuer on or before 11:00 a.m. (local time) (including the day before such drawing is to be paid) on the date when such drawing is to be paid or, if notice of such drawing is given to the Borrower Representative after 11:00 a.m. (local time) on the date when such drawing is to be paid, made by no later than 12:00 noon (local time) time at the place of payment or if earlier, such local time as is necessary for such funds to be received and transferred to the relevant Issuing Agent for same day value on the following day such Reimbursement Obligation is due; any payment of a Reimbursement Obligation received after such time shall be deemed to have been received by the relevant Issuing Agent on the next Business Day (and the Borrowers shall thereafter cause to be distributed to the L/C Issuer such amount(s) in like funds)Day. If the applicable Borrowers do not make any such reimbursement payment on the date due and the Participating Lenders Banks fund their participations therein in the manner set forth in Section 1.3(e1.3(f) below, then all payments thereafter received by the Administrative Agent in discharge of any of the relevant Reimbursement Obligations shall be distributed in accordance with Section 1.3(e1.3(f) below. The joint and several obligations of the applicable Borrowers to the Issuing Agents under this Section 1.3 shall be absolute, irrevocable and unconditional under any and all circumstances whatsoever (except, without limiting such Borrowers' joint and several obligations under each Application, to the extent that a Borrower is relieved under applicable law (including as such, to the extent applicable to a particular Letter of Credit, the then current Uniform Customs and Practice for Documentary Credits of the International Chamber of Commerce) from its obligation to reimburse an Issuing Agent for a drawing under a Letter of Credit because of such Issuing Agent's failure to determine that documents received under the Letter of Credit comply on their face with the terms thereof).

Appears in 1 contract

Samples: Multicurrency Credit Agreement (General Binding Corp)

The Reimbursement Obligations. Subject to Section 1.3(b) hereof, the joint and several obligations of the Borrowers to reimburse the L/C Issuer for all drawings under a Letter of Credit (a “Reimbursement Obligation”) shall be governed by the Application related to such Letter of Credit, except that reimbursement shall be made in immediately available funds (i) if such Letter of Credit is issued in U.S. Dollars, by no later than 3:00 2:00 p.m. (New York Chicago time) on the date when each drawing is to be paid if the Borrower Representative has been informed of such drawing by the L/C Issuer on or before 12:00 noon 11:00 a.m. (New York Chicago time) on the date when such drawing is to be paid or, if notice of such drawing is given to the Borrower Representative after 12:00 noon 11:00 a.m. (New York Chicago time) on the date when such drawing is to be paid, by no later than 1:00 p.m. 12:00 Noon (New York Chicago time) on the following Business Day, in immediately available funds at the Administrative Agent’s principal office in New YorkChicago, New YorkIllinois, or such other office as the Administrative Agent may designate in writing to the Borrower Representative and (ii) if such Letter of Credit is denominated in an Alternative Currency, to such local office as the Administrative Agent has previously specified, by no later than 2:00 p.m. (local time) on the date when each drawing is to be paid if the Borrowers have been informed of such drawing by the L/C Issuer on or before 11:00 a.m. (local time) (including the day before such drawing is to be paid) on the date when such drawing is to be paid or, if notice of such drawing is given to the Borrower Representative after 11:00 a.m. (local time) on the date when such drawing is to be paid, by no later than 12:00 noon (local time) on the following Business Day (and the Borrowers shall thereafter cause to be distributed to the L/C Issuer such amount(s) in like funds). If the Borrowers do not make any such reimbursement payment on the date due and the Participating Lenders fund their participations therein in the manner set forth in Section 1.3(e) below, then all payments thereafter received by the Administrative Agent in discharge of any of the relevant Reimbursement Obligations shall be distributed in accordance with Section 1.3(e) below.

Appears in 1 contract

Samples: Credit Agreement (Smart Balance, Inc.)

The Reimbursement Obligations. Subject to Section 1.3(b) hereof2.3(b), the joint and several obligations obligation of the Borrowers Borrower to reimburse the L/C Issuer for all drawings under a Letter of Credit (a “Reimbursement Obligation”) shall be governed by the Application related to such Letter of Credit, except that reimbursement shall be made in immediately available funds (i) if such Letter of Credit is issued in U.S. Dollars, by no later than 3:00 2:00 p.m. (New York Chicago time) on the date when each drawing is to be paid if the Borrower Representative has been informed of such drawing by the L/C Issuer on or before 12:00 noon 10:00 a.m. (New York Chicago time) on the date when such drawing is to be paid orand the Borrower has notified the Administrative Agent by 1:00 p.m. (Chicago time) on such date that the Borrower will reimburse the L/C Issuer on the date each such drawing is to be paid, or (ii) if notice of such drawing is given to the Borrower Representative after 12:00 noon 10:00 a.m. (New York Chicago time) on the date when such drawing is to be paid or if the Borrower fails to notify the Administrative Agent by 1:00 p.m. (Chicago time) on such date that the Borrower will reimburse the L/C Issuer on the date each such drawing is to be paid, by no later than 1:00 p.m. 12:00 Noon (New York Chicago time) on the following Business Day, in each case, in immediately available funds at the Administrative Agent’s principal office in New YorkChicago, New YorkIllinois, or such other office as the Administrative Agent may designate in writing to the Borrower Representative and (ii) if such Letter of Credit is denominated in an Alternative Currency, to such local office as the Administrative Agent has previously specified, by no later than 2:00 p.m. (local time) on the date when each drawing is to be paid if the Borrowers have been informed of such drawing by the L/C Issuer on or before 11:00 a.m. (local time) (including the day before such drawing is to be paid) on the date when such drawing is to be paid or, if notice of such drawing is given to the Borrower Representative after 11:00 a.m. (local time) on the date when such drawing is to be paid, by no later than 12:00 noon (local time) on the following Business Day (and the Borrowers who shall thereafter cause to be distributed to the L/C Issuer such amount(s) in like funds). If the Borrowers do Borrower does not make any such reimbursement payment on the date due and the Participating Lenders fund their participations therein in the manner set forth in Section 1.3(e2.3(e) below, then all payments thereafter received by the Administrative Agent in discharge of any of the relevant Reimbursement Obligations shall be distributed in accordance with Section 1.3(e2.3(e) below.

Appears in 1 contract

Samples: Credit Agreement (Cal-Maine Foods Inc)

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The Reimbursement Obligations. Subject to Section 1.3(b) hereof, the joint and several obligations obligation of the Borrowers to reimburse the L/C Issuer for all drawings under a Letter of Credit (a “Reimbursement Obligation”) shall be governed by the Application related to such Letter of Credit, except (i) that reimbursement shall be madeby the Borrowers of draws or other payments made by the L/C Issuer under a Letter of Credit denominated in U.S. Dollars shall be made in U.S. Dollars in immediately available funds, (ii) the reimbursement by the Borrowers of draws or other payments made by the L/C Issuer under a Letter of Credit denominated in an Alternative Currency shall be made by payment in U.S. Dollars of the U.S. Dollar Equivalent, calculated on the date the L/C Issuer paid such draw or other payment, of the amount paid by the L/C Issuer pursuant to such drawing or other payment, or if the L/C Issuer shall elect by notice to the Borrower Representative, the Alternative Currency which was paid by the L/C Issuer pursuant to such drawing or other payment in such funds then customary for the settlement of international transactions in such currency and (iiii) reimbursement shall be made (A) if such Letter of Credit is issued in U.S. Dollars, by no later than 3:00 p.m. 12:00 Noon (New York Chicago time) on the date when each drawing or other payment by the L/C Issuer is to be paid if the Borrower Representative has been informed of such drawing or other payment by the L/C Issuer on or before 12:00 noon 11:00 a.m. (New York Chicago time) on the date when such drawing is to be paid or, if notice of such drawing is given to the Borrower Representative after 12:00 noon 11:00 a.m. (New York Chicago time) on the date when such drawing is to be paid, by no later than 1:00 p.m. 12:00 Noon (New York Chicago time) on the following Business Day, in immediately available funds fundsor other payment by the L/C Issuer is to be paid or, if notice of such drawing or other payment made by the L/C Issuer is given to the Borrower Representative after 11:00 a.m. (Chicago time) on the date when such drawing or other payment by the L/C Issuer is to be paid, by the end of such day, at the Administrative Agent’s principal office in New YorkChicago, New YorkIllinois, or such other office as the Administrative Agent may designate in writing to the Borrower Representative (whoand the Administrative Agent shall thereafter cause to be distributed to the L/C Issuer such amount(s) in like funds) and (iiB) if such Letter of Credit is denominated in an Alternative Currency, to such local office as the Administrative Agent has previously specified, by no later than 2:00 p.m. 12:00 Noon (local time) on the date when each drawing or other payment by the L/C Issuer is to be paid if the Borrowers have Borrower Representative has been informed of such drawing or other payment by the L/C Issuer on or before 11:00 a.m. (local time) (including the day before such drawing is to be paid) on the date when such drawing or other payment is to be paid or, if notice of such drawing or other payment made by the L/C Issuer is given to the Borrower Representative after 11:00 a.m. (local time) on the date when such drawing or other payment is to be paid, by no later than 12:00 noon (local time) on the following Business Day end of such day (and the Borrowers Administrative Agent shall thereafter cause to be distributed to the L/C Issuer such amount(s) in like funds). If the Borrowers do not make any such reimbursement payment on the date due and the Participating Lenders fund their participations therein in the manner set forth in Section 1.3(e) below, then all payments thereafter received by the Administrative Agent in discharge of any of the relevant Reimbursement Obligations shall be distributed in accordance with Section 1.3(e) below.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Sparton Corp)

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