Common use of Indemnity by Banks Clause in Contracts

Indemnity by Banks. If Ideal fails to perform any of its obligations under this clause 24, each Lender shall (i) in the proportion borne by its Outstandings to the aggregate of the Outstandings of all the Lenders; or (ii) if there are no Outstandings, in the proportion borne by its Commitment to the Total Commitments; or (iii) if there are no Outstandings and the Total Commitments have been cancelled at such time, in the proportion borne by its Commitment to the Total Commitments immediately before they were cancelled (in each case determined, and as at such time as may be specified, by the Agent), indemnify the Agent, the Security Trustee and the other Lenders against any loss incurred by any of them as a result of such failure (save for any failure caused by the gross negligence or wilful default of any such party) and Ideal shall forthwith reimburse each Lender for any payment made by it pursuant to this clause 24.5.

Appears in 4 contracts

Samples: Credit Agreement (Bell Microproducts Inc), Credit Agreement (Bell Microproducts Inc), Credit Agreement (Bell Microproducts Inc)

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