Common use of Manner of Reimbursement Clause in Contracts

Manner of Reimbursement. Upon its receipt of a notice referred to in the immediately preceding subsection (d), the Borrower shall advise the Lender whether or not the Borrower intends to borrow hereunder to finance its obligation to reimburse the Lender for the amount of the related demand for payment and, if it does, the Borrower shall submit a timely request for such borrowing as provided in the applicable provisions of this Agreement. If the Borrower fails to so advise the Lender, or if the Borrower fails to reimburse the Lender for a demand for payment under a Letter of Credit by the date of such payment, then if the applicable conditions contained in Article VI. would permit the making of a Loan, the Borrower shall be deemed to have requested a Loan (which shall be a Base Rate Loan) in an amount equal to the unpaid Reimbursement Obligation and (ii) if such conditions would not permit the making of a Loan, then such failure to reimburse shall constitute an Event of Default. The limitations of Section 3.2. shall not apply to any borrowing of a Base Rate Loan under this subsection.

Manner of Reimbursement. Upon its receipt of a notice referred to in the immediately preceding subsection (d), the Borrower shall advise the Lender Agent whether or not the Borrower intends to borrow hereunder to finance its obligation to reimburse the Lender Issuing Bank for the amount of the LEGAL02/33558006v8 related demand for payment and, if it does, the Borrower shall submit a timely request for such borrowing Borrowing as provided in the applicable provisions of this Agreement. If the Borrower fails to so advise the LenderAgent, or if the Borrower fails to reimburse the Lender Issuing Bank for a demand for payment under a Letter of Credit by the date of such paymentrequired by Section 2.05(d), then (i) if the applicable conditions contained in Article VI. III would permit the making of a LoanRevolving Loans, the Borrower shall be deemed to have requested a Loan Borrowing of Revolving Loans (which shall be a Alternate Base Rate LoanLoans) in an amount equal to the unpaid Reimbursement Obligation and the Agent shall give each Lender prompt notice of the amount of the Revolving Loan to be made available to the Agent not later than 1:00 p.m. (Charlotte, North Carolina time) and (ii) if such conditions would not permit the making of a LoanRevolving Loans, then such failure to reimburse the provisions of subsection (j) of this Section shall constitute an Event of Defaultapply. The limitations of Section 3.2. 2.01(b) shall not apply to any borrowing Borrowing of a Base Rate Loan Revolving Loans under this subsection.

Manner of Reimbursement. Upon its receipt of a notice referred to in the immediately preceding subsection (dSection 2.4(d), the Borrower shall advise the Agent and the Issuing Lender whether or not the Borrower intends to borrow hereunder to finance its obligation to reimburse the Issuing Lender for the amount of the related demand for payment and, if it does, the Borrower shall submit a timely request for such borrowing as provided in the applicable provisions of this Agreementpayment. If the Borrower fails to so advise the Agent and the Issuing Lender, or if the Borrower fails to reimburse the Issuing Lender for a demand for payment under a Letter of Credit by the date of such payment, then (i) if the applicable conditions contained in Article VI. V would permit the making of a LoanRevolving Loans, the Borrower shall be deemed to have requested a Loan borrowing of Revolving Loans (which shall be a Base Rate LoanLoans) in an amount equal to the unpaid Reimbursement Obligation and the Agent shall give each Revolving Loan Lender prompt notice (which shall be no later than 12:00 p.m.) of the amount of the Revolving Loan to be made available to the Agent for the account of the Issuing Lender not later than 1:00 p.m. and (ii) if such conditions would not permit the making of a LoanRevolving Loans, then such failure to reimburse the provisions of Section 2.4(j) shall constitute an Event of Defaultapply. The limitations of Section 3.2. 3.5(a) shall not apply to any borrowing of a Base Rate Loan Loans under this subsection.

Manner of Reimbursement. Upon its receipt of a notice referred to in the immediately preceding subsection (d), the Borrower shall advise the Agent and the Issuing Lender whether or not the Borrower intends to borrow hereunder to finance its obligation to reimburse the Issuing Lender for the amount of the related demand for payment and, if it does, the Borrower shall submit a timely request for such borrowing as provided in the applicable provisions of this Agreement. If the Borrower fails to so advise the Agent and the Issuing Lender, or if the Borrower fails to reimburse the Issuing Lender for a demand for payment under a Letter of Credit by the date of such paymentpayment and provide evidence thereof to Agent, then (i) if the applicable conditions contained in Article VI. would permit the making of a LoanRevolving Loans, the Borrower shall be deemed to have requested a Loan borrowing of Revolving Loans (which shall be a Base Rate LoanLoans) in an amount equal to the unpaid Reimbursement Obligation and Agent shall give each Lender prompt notice of the amount of the Revolving Loan to be made available to the Issuing Lender not later than 1:00 p.m. and (ii) if such conditions would not permit the making of a LoanRevolving Loans, then such failure to reimburse the provisions of subsection (j) of this Section shall constitute an Event of Defaultapply. The limitations of Section 3.2. 3.5.(a) shall not apply to any borrowing of a Base Rate Loan Loans under this subsection.

Manner of Reimbursement. Upon its receipt of a notice referred to in the immediately preceding subsection (d), the MG Borrower shall advise the Lender Issuing Bank whether or not the Borrower intends Borrowers intend to borrow hereunder to finance its their obligation to reimburse the Lender Issuing Bank for the amount of the related demand for payment and, if it does, the MG Borrower shall submit a timely request for such borrowing of Loans as provided in the applicable provisions of this Agreement. If the MG Borrower fails to so advise the LenderIssuing Bank, or if the Borrower fails Borrowers fail to reimburse the Lender Issuing Bank for a demand for payment under a Letter of Credit by the date of such payment, then (i) if the applicable conditions contained in Article VI. would permit the making of a LoanLoans, the Borrower Borrowers shall be deemed to have requested a Loan (which shall be a Base Rate Loan) borrowing of Loans in an amount equal to the unpaid Reimbursement Obligation and the Issuing Bank shall give each Lender prompt notice of the amount of the Loan to be made available to the Issuing Bank not later than the applicable time specified in Section 2.2.(j) and (ii) if such conditions would not permit the making of a LoanLoans, then such failure to reimburse the provisions of subsection (j) of this Section shall constitute an Event of Defaultapply. The limitations of Section 3.2. 3.6.(a) shall not apply to any borrowing of a Base Rate Loan Loans under this subsection.

Manner of Reimbursement. Upon its receipt of a notice referred to in the immediately preceding subsection (dSection 2.4(d), the Borrower shall advise the Agent and the Issuing Lender whether or not the Borrower intends to borrow hereunder to finance its obligation to reimburse the Issuing Lender for the amount of the related demand for payment and, if it does, the Borrower shall submit a timely request for such borrowing as provided in the applicable provisions of this Agreementpayment. If the Borrower fails to so advise the Agent and the Issuing Lender, or if the Borrower fails to reimburse the Issuing Lender for a demand for payment under a Letter of Credit by the date of such payment, then (i) if the applicable conditions contained in Article VI. V would permit the making of a LoanRevolving Loans, the Borrower shall be deemed to have requested a Loan borrowing of Revolving Loans (which shall be a Base Rate LoanLoans) in an amount equal to the unpaid Reimbursement Obligation and the Agent shall give each Revolving Loan Lender prompt notice (which shall be no later than 12:00 p.m.) of the amount of the Revolving Loan to be made available to the Agent for the account of the Issuing Lender not later than 2:00 p.m. and (ii) if such conditions would not permit the making of a LoanRevolving Loans, then such failure to reimburse the provisions of Section 2.4(j) shall constitute an Event of Defaultapply. The limitations of Section 3.2. 3.5(a) shall not apply to any borrowing of a Base Rate Loan Loans under this subsection.