Common use of Lender Statements; Survival of Indemnity Clause in Contracts

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Loans to reduce any liability of the Borrowers to such Lender under SECTIONS 3.1, 3.2 and 3.5 or to avoid the unavailability of Eurodollar Ratable Advances under SECTION 3.3, so long as such designation is not, in the judgment of such Lender, disadvantageous to such Lender. Each Lender shall deliver a written statement of such Lender to the Borrowers (with a copy to the Agent) as to the amount due, if any, under SECTION 3.1, 3.2, 3.4 or 3.5. Such written statement shall set forth in reasonable detail the calculations upon which such Lender determined such amount and shall be final, conclusive and binding on the Borrowers in the absence of manifest error. Determination of amounts payable under such Sections in connection with a Eurodollar Loan shall be calculated as though each Lender funded its Eurodollar Loan through the purchase of a deposit of the type and maturity corresponding to the deposit used as a reference in determining the Eurodollar Rate or Eurodollar Bid Rate, as the case may be, applicable to such Loan, whether in fact that is the case or not. Unless otherwise provided herein, the amount specified in the written statement of any Lender (which statement shall be conclusive absent manifest error) shall be payable within ten (10) days after receipt by the Borrowers of such written statement. The obligations of the Borrowers under SECTIONS 3.1, 3.2, 3.4 and 3.5 shall survive payment of the Obligations and termination of this Agreement.

Lender Statements; Survival of Indemnity. To the extent If reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Fixed-Rate Loans to reduce any liability of the Borrowers to such Lender under SECTIONS 3.1, 3.2 Sections 4.1 and 3.5 4.2 or to avoid the unavailability of Eurodollar Ratable Advances a Type of Advance under SECTION 3.3Section 4.3, so long as such designation is notnot disadvantageous, in the judgment of such the Lender, disadvantageous to such Lender. Each Lender Any demand for compensation pursuant to Section 2.14(E) or this Article IV shall deliver a written statement of such Lender to the Borrowers (with a copy to the Agent) as to be in writing and shall state the amount due, if any, under SECTION 3.1Section 2.14(E), 3.24.1, 3.4 4.2, 4.4 or 3.5. Such written statement 4.6 and shall set forth in reasonable detail the calculations upon which such Lender or Issuing Bank determined such amount and shall be final, conclusive conclusive, and binding on the Borrowers in the absence of manifest error. Determination of amounts payable under such Sections in connection with a Eurodollar Fixed-Rate Loan shall be calculated as though each Lender funded its Eurodollar Fixed-Rate Loan through the purchase of a deposit of the type type, currency and maturity corresponding to the deposit used as a reference in determining the Eurodollar Eurocurrency Rate or Eurodollar Bid Rate, as the case may be, Alternate Currency Rate applicable to such Loan, whether in fact that is the case or not. Unless otherwise provided herein, the amount specified in the written statement of any Lender (which statement shall be conclusive absent manifest error) shall be payable within ten (10) days after receipt by the Borrowers of such written statement. The obligations of the Borrowers under SECTIONS 3.1Sections 2.14(E), 3.24.1, 3.4 4.2, 4.4 and 3.5 4.6 shall survive payment of the Obligations and termination of this Agreement.

Lender Statements; Survival of Indemnity. To the extent If reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Fixed-Rate Loans to reduce any liability of the Borrowers Borrower to such Lender under SECTIONS 3.1, 3.2 Section 2.14(E) or Sections 4.1 and 3.5 4.2 or to avoid the unavailability of Eurodollar Ratable Advances a Type of Advance under SECTION 3.3Section 4.3, so long as such designation is notnot materially disadvantageous, in the judgment of such the Lender, disadvantageous to such Lender. Each Lender Any demand for compensation pursuant to Section 2.14(E) or this Article IV shall deliver a written statement of such Lender to the Borrowers (with a copy to the Agent) as to be in writing and shall state the amount due, if any, under SECTION 3.1Section 2.14(E), 3.24.1, 3.4 4.2, or 3.5. Such written statement 4.4 and shall set forth in reasonable detail the calculations upon which such Lender determined such amount and shall be final, conclusive conclusive, and binding on the Borrowers Borrower in the absence of manifest error. Determination of amounts payable under such Sections in connection with a Eurodollar Fixed-Rate Loan shall be calculated as though each Lender funded its Eurodollar Fixed-Rate Loan through the purchase of a deposit of the type type, currency and maturity corresponding to the deposit used as a reference in determining the Eurodollar Rate or Eurodollar Bid Rate, as the case may be, applicable to such Loan, whether in fact that is the case or not. Unless otherwise provided herein, the amount specified in the written statement of any Lender (which statement shall be conclusive absent manifest error) shall be payable within ten (10) days after receipt by the Borrowers of such written statement. The obligations of the Borrowers Borrower under SECTIONS 3.1Sections 2.14(E), 3.24.1, 3.4 and 3.5 4.2, or 4.4 shall survive payment of the Obligations and termination of this Agreement.

Lender Statements; Survival of Indemnity. To the extent If reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Fixed-Rate Loans to reduce any liability of the Borrowers Borrower to such Lender under SECTIONS 3.1, 3.2 Section 2.14(E) or Sections 4.1 and 3.5 4.2 or to avoid the unavailability of Eurodollar Ratable Advances a Type of Advance under SECTION 3.3Section 4.3, so long as such designation is notnot LaSalle Bank National Association April 20, 2005 Page 44 materially disadvantageous, in the judgment of such the Lender, disadvantageous to such Lender. Each Lender Any demand for compensation pursuant to Section 2.14(E) or this Article IV shall deliver a written statement of such Lender to the Borrowers (with a copy to the Agent) as to be in writing and shall state the amount due, if any, under SECTION 3.1Section 2.14(E), 3.24.1, 3.4 4.2, or 3.5. Such written statement 4.4 and shall set forth in reasonable detail the calculations upon which such Lender determined such amount and shall be final, conclusive conclusive, and binding on the Borrowers Borrower in the absence of manifest error. Determination of amounts payable under such Sections in connection with a Eurodollar Fixed-Rate Loan shall be calculated as though each Lender funded its Eurodollar Fixed-Rate Loan through the purchase of a deposit of the type type, currency and maturity corresponding to the deposit used as a reference in determining the Eurodollar Rate or Eurodollar Bid Rate, as the case may be, applicable to such Loan, whether in fact that is the case or not. Unless otherwise provided herein, the amount specified in the written statement of any Lender (which statement shall be conclusive absent manifest error) shall be payable within ten (10) days after receipt by the Borrowers of such written statement. The obligations of the Borrowers Borrower under SECTIONS 3.1Sections 2.14(E), 3.24.1, 3.4 and 3.5 4.2, or 4.4 shall survive payment of the Obligations and termination of this Agreement.

Lender Statements; Survival of Indemnity. To the extent If reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Eurocurrency Rate Loans to reduce any liability of the Borrowers to such Lender under SECTIONS 3.1, 3.2 Sections 4.1 and 3.5 4.2 or to avoid the unavailability of Eurodollar Ratable Advances a Type of Advance under SECTION 3.3Section 4.3, so long as such designation is notnot materially disadvantageous, in the judgment of such Lender, disadvantageous to such Lender. Each Lender Any demand for compensation pursuant to Section 2.14(E) or this Article IV shall deliver a written statement of such Lender to the Borrowers (with a copy to the Agent) as to be in writing and shall state the amount due, if any, under SECTION 3.1Section 2.14(E), 3.24.1, 3.4 4.2 or 3.5. Such written statement 4.4 and shall set forth in reasonable detail the calculations upon which the Administrative Agent or such Lender determined such amount and shall be final, conclusive and binding on the Borrowers in the absence of manifest error. Determination of amounts payable under such Sections in connection with a Eurodollar Eurocurrency Rate Loan shall be calculated as though each Lender funded its Eurodollar Eurocurrency Rate Loan through the purchase of a deposit of the type type, currency and maturity corresponding to the deposit used as a reference in determining the Eurodollar Eurocurrency Rate or Eurodollar Bid Rate, as the case may be, applicable to such Loan, whether in fact that is the case or not. Unless otherwise provided herein, the amount specified in the written statement of any Lender (which statement shall be conclusive absent manifest error) shall be payable within ten (10) days after receipt by the Borrowers of such written statement. The obligations of the Borrowers under SECTIONS 3.1Sections 2.14(E), 3.24.1, 3.4 and 3.5 4.2 or 4.4 shall survive payment of the Obligations and termination of this Agreement.