Risk Participation Agreement definition
Examples of Risk Participation Agreement in a sentence
Borrower hereby authorizes and directs Agent, at Agent's option, to make a Revolving Loan in the amount of any payment made by Agent with respect to any Lender Letter of Credit or any Risk Participation Agreement.
All amounts paid by Agent with respect to any Lender Letter of Credit or Risk Participation Agreement that are not immediately repaid by Borrower with the proceeds of a Revolving Loan or otherwise shall bear interest at the interest rate applicable to Revolving Loans calculated using the Base Rate.
Each Risk Participation Agreement shall provide that all demands or claims for payment with respect to each Underlying L/C must be presented by a date certain, which date will be at least thirty (30) days before the Termination Date.
Each Risk Participation Agreement shall provide for automatic daily reporting of the outstanding Underlying L/C's and any amounts drawn thereunder.
Upon prepayment in full of the Term Loans and termination of the Revolving Loan Commitment, Borrower shall cause Agent and each Lender to be released from all liability under all Lender Letters of Credit and Risk Participation Agreements or, at Agent's option, Borrower will deposit cash collateral with Agent in an amount equal to the Risk Participation Liability with respect to each Lender Letter of Credit and each Risk Participation Agreement that will remain outstanding after prepayment in full.
In the event any Lender fails to make available to Agent the amount of such Lender's participation in such Lender Letter of Credit or Risk Participation Agreement as provided in this subsection 2.1(E)(2), Agent shall be entitled to recover such amount on demand from such Lender, together with interest at the Prime Rate.
Borrower shall be irrevocably and unconditionally obligated forthwith without presentment, demand, protest or other formalities of any kind, to reimburse Agent for any amounts paid by Agent with respect to a Lender Letter of Credit or a Risk Participation Agreement issued for the account of Borrower, including all fees, costs and expenses paid by Agent to any bank that issues letters of credit.
Borrower shall also reimburse Agent for any and all fees and expenses paid by Agent to the issuer of any letter of credit that is supported by a Risk Participation Agreement.
All amounts paid by Agent or any Lender with respect to any Lender Letter of Credit or Risk Participation Agreement that are not immediately repaid by Borrower with the proceeds of a Revolving Loan or otherwise shall bear interest at the Default Rate applicable to Revolving Loans.
In furtherance and extension of and not in limitation of, the specific provisions hereinabove set forth, any action taken or omitted by Agent or any Lender under or in connection with any Lender Letter of Credit or Risk Participation Agreement, if taken or omitted in good faith, shall not put Agent or any Lender under any resulting liability to Borrower.