Common use of Drawing and Reimbursement Clause in Contracts

Drawing and Reimbursement. The payment by an Issuing Bank of a draft drawn under any Letter of Credit shall constitute for all purposes of this Agreement the making by any such Issuing Bank of a Revolving Credit Advance, which, in the case of Letters of Credit denominated in Dollars, shall be a Base Rate Advance, in the amount of such draft or, in the case of a Letter of Credit denominated in any Major Currency, shall be an Advance that bears interest at the Overnight Eurocurrency Rate (as defined below) of such Issuing Bank for a period of five Business Days and thereafter, shall be a Base Rate Advance in the Equivalent in Dollars on such fifth Business Day for the amount of such draft. Each Issuing Bank shall give prompt notice (and such Issuing Bank will use its commercially reasonable efforts to deliver such notice within one Business Day) of each drawing under any Letter of Credit issued by it to the Company, the applicable Borrower (if not the Company) and the Administrative Agent. Upon written demand by such Issuing Bank, with a copy of such demand to the Administrative Agent and the Company, each Lender shall pay to the Administrative Agent such Lender’s Ratable Share of such outstanding Revolving Credit Advance, by making available for the account of its Applicable Lending Office to the Administrative Agent for the account of such Issuing Bank, by deposit to the

Drawing and Reimbursement. The payment by an the Issuing Bank of a draft drawn under any Letter of Credit shall constitute for all purposes of this Agreement the making by any such the Issuing Bank of a Revolving Credit an Advance, which, in which shall bear interest at the case of Letters of Credit denominated in Dollars, shall be a Base Rate AdvanceBasis, in the amount of such draft or, (but without any requirement for compliance with the conditions set forth in Article 3 hereof). In the case of event that a Letter of Credit denominated in any Major Currency, shall be an Advance that bears interest at the Overnight Eurocurrency Rate (as defined below) of such Issuing Bank for a period of five Business Days and thereafter, shall be a Base Rate Advance in the Equivalent in Dollars on such fifth Business Day for the amount of such draft. Each Issuing Bank shall give prompt notice (and such Issuing Bank will use its commercially reasonable efforts to deliver such notice within one Business Day) of each drawing under any Letter of Credit issued is not reimbursed by it to the CompanyBorrower by 11:00 a.m. (Dallas, Texas time) on the first Business Day after such drawing, the applicable Borrower Issuing Bank shall promptly notify Administrative Lender and each other Lender. Each such Lender shall, on the first Business Day following such notification, make a Revolving Credit Advance (if not or if, as a result of any Debtor Relief Law, the Company) and the Administrative Agent. Upon written demand by such Issuing Bank, with Lenders are prohibited from making a copy of such demand to the Administrative Agent and the CompanyRevolving Credit Advance, each Lender shall pay fund its participation purchased pursuant to Section 2.15(a) by making such amount available to the Administrative Agent Lender), which shall bear interest at the Base Rate Basis, and shall be used to repay the applicable portion of the Issuing Bank's Advance with respect to such Lender’s Ratable Share Letter of such outstanding Revolving Credit AdvanceCredit, by making available for the account of its Applicable Lending Office in an amount equal to the Administrative Agent for the account amount of such Issuing Bank, by deposit to theits

Drawing and Reimbursement. The payment by an the Issuing Bank of a draft drawn under any Letter of Credit shall constitute for all purposes of this Agreement the making by any such the Issuing Bank of a Revolving Credit Advance, which, in the case of Letters of Credit denominated in Dollars, shall be a Base Rate Advance, in the amount of such draft or, in the case of a Letter of Credit denominated in any Major Currency, shall be an Advance that bears interest at the Overnight Eurocurrency Rate (as defined below) of such Issuing Bank for a period of five Business Days and thereafter, which shall be a Base Prime Rate Advance in the Equivalent in Dollars on such fifth Business Day for the amount of such draft. Each of the Borrower, the Administrative Agent and each Revolving Credit Lender hereby acknowledges and agrees that Letter of Credit Advances may be made, or deemed made, by the Issuing Bank shall give prompt notice (and such Issuing Bank will use its commercially reasonable efforts to deliver such notice within one Business Day) in respect of each drawing under any Letter of Credit issued by it and to the Company, the applicable Borrower (if not the Company) and the Administrative Agentparticipate in all Letter of Credit Advances made hereunder as provided herein. Upon written demand by such the Issuing Bank, with a copy of such demand to the Administrative Agent Agent, each Revolving Credit Lender shall purchase from the Issuing Bank, and the CompanyIssuing Bank shall sell and assign to each such Revolving Credit Lender, each Lender shall pay to the Administrative Agent such Lender’s Ratable 's Pro Rata Share of such outstanding Revolving Letter of Credit AdvanceAdvance as of the date of such purchase, by making available (for the account of its Applicable Lending Office Office) to the Administrative Agent (for the account of such the Issuing Bank), by deposit to thethe Administrative Agent's Account, in same day funds, an amount equal to the portion of the outstanding principal amount of such Letter of Credit Advance to be purchased by such Lender. Promptly after receipt thereof, the Administrative Agent shall transfer such funds to the Issuing Bank. The Borrower hereby agrees

Drawing and Reimbursement. The payment by an the Issuing Bank of a draft drawn under any Letter of Credit shall constitute for all purposes of this Agreement the making by any such the Issuing Bank of a Revolving Letter of Credit Advance, which, in the case of Letters of Credit denominated in Dollars, which shall be a Base Rate Advance, in the amount of such draft ordraft; provided, in the case of however, that if a Letter of Credit denominated Advance is not repaid in any Major Currency, shall be an Advance that bears interest at full on the Overnight Eurocurrency Rate (as defined below) Business Day following the making of such Issuing Bank for a period Letter of five Business Days and thereafterCredit Advance, then the Administrative Agent shall be request on behalf of the Borrower that each Revolving Credit Lender make a Base Rate Advance in the Equivalent in Dollars on an amount equal to such fifth Business Day for Lender’s Pro Rata Share of the amount of such draft. Each Issuing Bank shall give prompt notice (and such Issuing Bank will use its commercially reasonable efforts to deliver such notice within one Business Day) of each drawing under any Letter of Credit issued by it Advance. Such request shall be deemed to be a Notice of Borrowing for purposes hereof and shall be made in accordance with the provisions of Section 2.02 (a) without regard to the Company, the applicable Borrower (if not the Company) and the Administrative Agent. Upon written demand by such Issuing Bank, with a copy of such demand minimum amounts specified therein but subject to the Administrative Agent satisfaction of the conditions set forth in Section 3.02 (except that the Borrower shall not be deemed to have made any representations and the Company, each warranties). Each Revolving Credit Lender shall pay make an amount equal to the Administrative Agent such Lender’s Ratable its Pro Rata Share of the amount specified in such outstanding Revolving Credit Advance, by making Notice of Borrowing available for the account of its Applicable Lending Office to the Administrative Agent for the account of such the Issuing Bank, by deposit to thethe Administrative Agent’s Account, in same date funds, not later than 11:00 A.M. (New York City time) on the day specified in such Notice of Borrowing.