Indemnity; Loss of Margin. Borrower will indemnify Bank against any loss or expense which Bank sustains or incurs as a consequence of an Event of Default, including, without limitation, any failure of Borrower to pay when due (at maturity, by acceleration or otherwise) any principal, interest, fee or any other amount due under this Agreement or the other Loan Documents. If Bank sustains or incurs any such loss or expense it will from time to time notify Borrower in writing of the amount determined in good faith by the Bank to be necessary to indemnify Bank for the loss or expense. Such amount will be due and payable by Borrower to Bank within ten (10) days after presentation by Bank of a statement setting forth a brief explanation of and Bank's calculation of such amount, which statement shall be conclusively deemed correct absent manifest error. Any amount payable to the Bank under this Section will bear interest at the default rate payable under the Line from the due date until paid, both before and after judgment. In the event that any present or future law, rule, regulation, treaty or official directive or the interpretation or application thereof by any central bank, monetary authority or governmental authority, or the compliance with any guideline or request of any central bank, monetary authority or governmental authority (whether or not having the force of law):
Indemnity; Loss of Margin. (a) Borrower will indemnify Lenders against any loss or expense which Lenders sustain or incur as a consequence of an Event of Default, including, without limitation, any failure of Borrower to pay when due (at maturity, by acceleration or otherwise) any principal, interest, fee or any other amount due under this Agreement or the other Loan Documents. The Credit Parties, jointly and severally, agree to indemnify and hold harmless Agent and Lenders, their Affiliates and each of their respective directors, officers, employees and agents against any and all claims, actions and suits, and from and against any and all liabilities, losses, damages and expenses of every nature and character arising out of or relating to this Agreement or any of the other Loan Documents or the transactions contemplated hereby and thereby, in each case including, without limitation, the reasonable fees and disbursements of counsel incurred in connection with any such investigation, litigation or other proceeding; provided however, that the Credit Parties shall not be obligated under this paragraph to indemnify any Person for liabilities arising from such Person’s own gross negligence or willful misconduct as determined by a court of competent jurisdiction after the exhaustion of all applicable appeals. The provisions of this paragraph shall survive the repayment of the Loans and the termination of the obligations of the Lenders hereunder. If a Lender sustains or incurs any such loss or expense it will from time to time notify Agent in writing of the amount determined in good faith by such Lender to be necessary to indemnify such Lender for the loss or expense and Agent shall provide such notice to Borrower. Such amount will be due and payable by Borrower to such Lender within ten (10) days after presentation by such Lender of a statement setting forth a brief explanation of and such Lender’s calculation of such amount, which statement shall be conclusively deemed correct absent manifest error. Any amount payable to the Lenders under this Section will bear interest at the default rate payable under the Line from the due date until paid, both before and after judgment.
Indemnity; Loss of Margin. Borrowers will indemnify Bank against any loss or expense which Bank sustains or incurs as a consequence of any prepayment by Borrowers of a LIBOR Loan prior to the end of the applicable Rate Period. If Bank sustains or incurs any such loss or expense it will from time to time notify Borrowers in writing of the amount determined in good faith by the Bank to be necessary to indemnify Bank for the loss or expense. Such amount will be due and payable by Borrowers to Bank within sixty (60) days after presentation by Bank of a statement setting forth a brief explanation of and Bank's calculation of such amount, which statement shall be conclusively deemed correct absent manifest error. Any amount payable to the Bank under this Section will bear interest at the default rate payable under the Line from the due date until paid, both before and after judgment. In the event that any present or future law, rule, regulation, treaty or official directive or the interpretation or application thereof by any central bank, monetary authority or governmental authority, or the compliance with any guideline or request of any central bank, monetary authority or governmental authority (whether or not having the force of law):
Indemnity; Loss of Margin. In the event that any present or future law, rule, regulation, treaty or official directive or the interpretation or application thereof by any central bank, monetary authority or governmental authority, or the compliance with any guideline or request of any central bank, monetary authority or governmental authority (whether or not having the force of law):
Indemnity; Loss of Margin. (a) Borrower will indemnify Lenders against any loss or expense which Lenders sustain or incur as a consequence of an Event of Default, including, without limitation, any failure of Borrower to pay when due (at maturity, by acceleration or otherwise) any principal, interest, fee or any other amount due under this Agreement or the other Loan Documents. If a Lender sustains or incurs any such loss or expense it will from time to time notify Agent in writing of the amount determined in good faith by Lender to be necessary to indemnify Lender for the loss or expense and Agent shall provide such notice to Borrower. Such amount will be due and payable by Borrower to such Lender within ten (10) days after presentation by Lender of a statement setting forth a brief explanation of and Lender’s calculation of such amount, which statement shall be conclusively deemed correct absent manifest error. Any amount payable to the Lenders under this Section will bear interest at the default rate payable under the Line from the due date until paid, both before and after judgment.
Indemnity; Loss of Margin. (a) Borrower shall indemnify, defend and hold harmless Administrative Agent and Lenders against any and all loss, liability, cost or expense which Administrative Agent and any Lender or Lenders may sustain or incur as a consequence of (a) any failure of Borrower to obtain, convert or extend any LIBOR Based Rate Loan after notice thereof has been given to Administrative Agent or (b) any payment, prepayment, termination or conversion of a LIBOR Based Rate Loan made for any reason on a date other than the last day of the applicable LIBOR Interest Period. Borrower shall pay the full amount thereof to Administrative Agent, for the ratable benefit of Lenders, on demand by Admixxxxxxxxxx
Indemnity; Loss of Margin. Borrower shall indemnify, defend and hold harmless Lender against any and all loss, liability, cost or expense Lender may sustain or incur as a consequence of (i) any failure of Borrower to obtain, convert or extend any LIBOR Based Rate Loan after notice thereof has been given to Lender or (ii) any payment, prepayment, termination or conversion of a LIBOR Based Rate Loan made for any reason on a date other than the last day of the applicable LIBO Rate Period. Borrower shall pay the full amount thereof to Lender, on demand by Lender.
Indemnity; Loss of Margin. (a) Borrowers shall indemnify, defend and hold harmless Agent and Lenders against any and all loss, liability, cost or expense which Agent and any Lender or Lenders may sustain or incur as a consequence of (i) any failure of Borrowers to obtain, convert or extend any LIBOR Based Rate Loan after notice thereof has been given to Agent; or (ii) any payment, prepayment, termination or conversion of a LIBOR Based Rate Loan made for any reason on a date other than the last day of the applicable LIBOR Interest Period, including, without limitation, acceleration of the Obligations except if Agent exercises its option to convert under Section 2.5(b) above. Borrowers shall pay the full amount thereof to Agent, for the ratable benefit of Lenders, on demand by Agent.
Indemnity; Loss of Margin. (1) Borrowers shall indemnify, defend and hold harmless Lender against any and all loss, liability, cost or expense which Lender may sustain or incur as a consequence of (i) any failure of Borrowers to obtain, convert or extend any LIBOR Based Loan after notice thereof has been given to Lender; or (ii) any payment, prepayment, termination or conversion of a LIBOR Based Loan made for any reason on a date other than the last day of the applicable LIBOR Interest Period; Borrowers shall pay the full amount thereof to Lender on demand.
Indemnity; Loss of Margin a. In the event that any present or future law, rule, regulation, treaty or official directive or the interpretation or application thereof by any central bank, monetary authority or governmental authority, or the compliance with any guideline or request of any central bank, monetary authority or governmental authority (whether or not having the force of law) imposes, modifies or deems applicable any deposit insurance, reserve, special deposit, or other similar requirement with respect to deposits in or for the account of, or loans or advances or commitment to make loans or advances by, or letters of credit issued or commitment to issue letters of credit by a Lender and the result of any of the foregoing is to increase the costs of a Lender, reduce the income receivable by or return on equity of such Lender or impose any expense upon such Lender with respect to any advances or extensions of credit or commitments to make advances or extensions of credit under this Agreement, such Lender shall so notify Agent in writing. Within fifteen (15) days notice from Agent, Borrower agrees to pay such Lender the amount of such increase in cost, reduction in income, reduced return on equity or capital, or additional expense after presentation by such Lender of a statement concerning such increase in cost, reduction in income, reduced return on equity or capital, or additional expense. Such statement shall set forth a brief explanation of the amount and such Lender’s calculation of the amount (in determining such amount such Lender may use any reasonable averaging and attribution methods), which statement shall be conclusively deemed correct absent manifest error.
