Examples of Primary Revolving Borrower in a sentence
Each Lender and each Primary Revolving Borrower agree that, in paying any drawing under a Letter of Credit, no L/C Issuer shall have any responsibility to obtain any document (other than any sight draft, certificates and documents expressly required by the Letter of Credit) or to ascertain or inquire as to the validity or accuracy of any such document or the authority of the Person executing or delivering any such document.
The Company and each other Primary Revolving Borrower shall be conclusively deemed to have waived any such claim against the applicable L/C Issuer and its correspondents unless such notice is given as aforesaid.
Upon delivery of such Borrower Joinder Agreement, together with such supporting resolutions, incumbency certificates, opinions of counsel and other documents or information as may be reasonably requested by the Administrative Agent, and receipt of such prior written consent of the Lenders, such Subsidiary shall for all purposes of this Agreement and the other Loan Documents be a Primary Revolving Borrower or a Singapore Revolving Borrower, as the case may be, and a party to this Agreement.
Each Primary Revolving Borrower hereby assumes all risks of the acts or omissions of any beneficiary or transferee with respect to its use of any Letter of Credit; provided, however, that this assumption is not intended to, and shall not, preclude any Primary Revolving Borrower from pursuing such rights and remedies as it may have against the beneficiary or transferee at law or under any other agreement.
If, for any reason, any Primary Revolving Borrower or Singapore Revolving Borrower is prohibited by any Law from making any required payment hereunder denominated in an Alternative Currency, such Borrower shall make such payment by paying Dollars in an amount equal to the Dollar Equivalent of such Alternative Currency payment.
The foregoing shall not affect the right of any L/C Issuer that shall have issued an Extended Letter of Credit to seek reimbursement for any L/C Disbursement made thereunder from the applicable Primary Revolving Borrower or from the Designated Cash Collateral therefor.
The making of any L/C Advance shall not relieve or otherwise impair the obligation of the applicable Primary Revolving Borrower to reimburse each L/C Issuer for any L/C Disbursement made by such L/C Issuer, together with interest as provided herein.
Each request by the Company for the issuance or amendment of a Letter of Credit for the account of any Primary Revolving Borrower shall be deemed to be a representation by the Company and such Primary Revolving Borrower that the L/C Credit Extension so requested complies with the conditions set forth in the proviso to the preceding sentence.
Interest accrued pursuant to this subsection shall be for the account of the applicable L/C Issuer, except that interest accrued on and after the date of payment by any Primary Revolving Lender of its L/C Advance shall be for the account of such Primary Revolving Lender to the extent of such L/C Advance, and shall be payable on demand or, if no demand has been made, on the date on which the applicable Primary Revolving Borrower reimburses such L/C Disbursement in full.
If such Primary Revolving Borrower fails so to reimburse such L/C Issuer for such L/C Disbursement, such L/C Issuer shall promptly notify the Administrative Agent thereof, and, upon receipt of such notice, the Administrative Agent shall promptly notify each Primary Revolving Lender of the Honor Date of such L/C disbursement, the unreimbursed amount and currency thereof (the “Unreimbursed Amount”) and the amount of such Lender’s Applicable Primary Revolving Percentage of the Unreimbursed Amount.