Examples of Lender’s Participation in a sentence
By the issuance of a Letter of Credit (or an amendment to a Letter of Credit increasing the amount thereof) and without any further action on the part of the Issuing Bank or the Lenders, the Issuing Bank hereby grants to each Lender, and each Lender hereby acquires from the Issuing Bank, a participation in such Letter of Credit equal to such Lender’s Participation Percentage of the aggregate amount available to be drawn under such Letter of Credit.
In consideration and in furtherance of the foregoing, each Lender hereby absolutely and unconditionally agrees to pay to the Administrative Agent, for the account of the Issuing Bank, such Lender’s Participation Percentage of each LC Disbursement made by the Issuing Bank and not reimbursed by the Borrower on the date due as provided in paragraph (e) of this Section, or of any reimbursement payment required to be refunded to the Borrower for any reason.
If the Borrower fails to make such payment when due, the Administrative Agent shall notify each Lender of the applicable LC Disbursement, the payment then due from the Borrower in respect thereof and such Lender’s Participation Percentage thereof.
Whenever, at any time after the Swing Line Lender has received from any Lender such Lender’s Participation Interest in a Swing Line Loan, the Swing Line Lender receives any payment on account thereof, the Swing Line Lender will distribute to such Lender its Participation Interest in such amount (appropriately adjusted, in the case of interest payments, to reflect the period of time during which such Lender’s Participation Interest was outstanding and funded).
In no event shall the Participation of any Lender be increased by reason of any bank or financial institution becoming an Additional Lender, or otherwise, but the Total Participations hereunder shall be increased by the amount of each Additional Lender’s Participation.
Each Lender’s Participation Commitment shall continue until the last to occur of any of the following events: (x) Agent ceases to be obligated to issue or cause to be issued Letters of Credit hereunder; (y) no Letter of Credit issued or created hereunder remains outstanding and uncancelled and (z) all Persons (other than Borrower) have been fully reimbursed for all payments made under or relating to Letters of Credit.
To the extent the Borrower is unable to replace any Defaulting Lender with a replacement financial institution, the Borrower may, to the extent that the reduction in the Total Participations provided for in this sentence does not cause the Adjusted Total Participations to fall below the outstanding Loans, remove such Defaulting Lender by repaying such Defaulting Lender’s outstanding Loans and reducing the Total Participations by an amount equal to such Defaulting Lender’s Participation.
Without limiting the scope and nature of each Lender’s Participation Interest in any Letter of Credit, to the extent that the Issuing Lender has not been reimbursed as required hereunder or under any such Letter of Credit, each such Lender shall pay to the Issuing Lender its pro rata share of such unreimbursed drawing in same day funds on the day of notification by the Issuing Lender of an unreimbursed drawing pursuant to the provisions of subsection (d) below.
Subject to the terms and conditions hereof, each Approving Lender severally agrees to make revolving credit loans in Dollars to the Borrower from time to time during the Funding Request Period in an aggregate principal amount at any one time outstanding which does not exceed such Approving Lender’s Participation at such time; provided, that, after giving effect to any borrowing of Loans requested, the Total Loans shall not exceed the Adjusted Total Participations then in effect.
Each Lender’s Participation Commitment shall continue until the last to occur of any of the following events: (x) Agent ceases to be obligated to issue or cause to be issued Letters of Credit hereunder; (y) no Letter of Credit issued or created hereunder remains outstanding and uncancelled and (z) all Persons (other than the Borrower) have been fully reimbursed for all payments made under or relating to Letters of Credit.