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 Rate Loans to reduce any liability of the Borrower to such Lender under Sections 4.01, 4.02 and 4.05 or to avoid the unavailability of Eurodollar Rate Loans under Section 4.03, so long as such designation is not, in the reasonable judgment of such Lender, disadvantageous to such Lender. Each Lender or the Administrative Agent on its own behalf or on behalf of a Lender shall deliver a written statement of such Lender or the Administrative Agent (as applicable) to the Borrower (with a copy to the Administrative Agent) as to the amount due, if any, under Sections 4.01, 4.02, 4.04 or 4.05. 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 Borrower in the absence of manifest error. Determination of amounts payable under such Sections in connection with a Eurodollar Rate Loan shall be calculated as though each Lender or the Administrative Agent (as applicable) funded its Eurodollar Rate 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 applicable to such Loan, whether in fact that is the case or not, and without regard to loss of margin. Unless otherwise provided herein, the amount specified in the written statement of any Lender or the Administrative Agent (as applicable) shall be payable on demand after receipt by the Borrower of such written statement. The obligations of the Borrower under Sections 4.01, 4.02, 4.04 and 4.05 shall survive payment of the Obligations, termination of the Letters of Credit and termination of this Agreement.

Appears in 7 contracts

Samples: Credit Agreement (Inovalon Holdings, Inc.), Credit Agreement (Energizer Holdings, Inc.), Credit Agreement (Inovalon Holdings, Inc.)

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Lender Statements; Survival of Indemnity. To the extent reasonably possiblepossible in the exercise of any Lender’s good faith discretion, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Rate LIBOR Loans to reduce any liability of the Borrower to such Lender under Sections 4.014.1, 4.02 4.2 and 4.05 4.5 or to avoid the unavailability of Eurodollar Rate Loans Advances under Section 4.034.3, so long as such designation is not, in the reasonable judgment of does not reduce such Lender, disadvantageous to ’s income or increase such Lender’s liabilities. Each Lender or the Administrative Agent on its own behalf or on behalf of a Lender shall deliver a written statement of such Lender or the Administrative Agent (as applicable) to the Borrower (with a copy to the Administrative Agent) as to the amount due, if any, under Sections 4.01Section 4.1, 4.024.2, 4.04 4.4 or 4.054.5. 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 Borrower in the absence of manifest error. Determination of amounts payable under such Sections in connection with a Eurodollar Rate LIBOR Loan shall be calculated as though each Lender or the Administrative Agent (as applicable) funded its Eurodollar Rate LIBOR Loan through the purchase of a deposit of the type and maturity corresponding to the deposit used as a reference in determining the Eurodollar LIBOR Rate applicable to such Loan, whether in fact that is the case or not, and without regard to loss of margin. Unless otherwise provided herein, the amount specified in the written statement of any Lender or the Administrative Agent (as applicable) shall be payable on demand after receipt by the Borrower of such written statement. The obligations of the Borrower under Sections 4.014.1, 4.024.2, 4.04 4.4 and 4.05 4.5 shall survive payment of the Obligations, termination of the Letters of Credit Obligations and termination of this Agreement.

Appears in 5 contracts

Samples: Term Loan Agreement (Duke Realty Corp), Revolving Credit Agreement (Duke Realty Limited Partnership/), Revolving Credit Agreement (Duke Realty Corp)

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation Office with respect to its Eurodollar Rate Loans to reduce any liability of the Borrower to such Lender under Sections 4.01, 4.02 2.14 and 4.05 2.15 or to avoid the unavailability of Eurodollar Rate Loans under Section 4.03, so long as such designation is not, in the reasonable judgment of such Lender, disadvantageous to such LenderLoans. Each Lender or the Administrative Agent on its own behalf or on behalf of a Lender shall deliver a written statement of such Lender or the Administrative Agent (as applicable) to the Borrower (with a copy to the Administrative Agent) as to the amount due, if any, under Sections 4.012.14, 4.02, 4.04 2.15 or 4.052.17. 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 Borrower in the absence of manifest error. Determination of amounts payable under such Sections in connection with a Eurodollar Rate Loan shall be calculated as though each Lender or the Administrative Agent (as applicable) funded its Eurodollar Rate 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 applicable to such Loan, whether in fact that is the case or not, and without regard to loss of margin. Unless otherwise provided herein, the amount specified in the written statement of any Lender or the Administrative Agent (as applicable) shall be payable on demand after receipt by the Borrower of such the written statement. The obligations of the Borrower under Sections 4.012.14, 4.02, 4.04 2.15 and 4.05 2.17 shall survive payment of the Obligations, termination of the Letters of Credit Obligations and termination of this Agreement.

Appears in 4 contracts

Samples: Collateral Agreement (Clarksburg Skylark, LLC), Credit Agreement (Beazer Homes Usa Inc), Credit Agreement (Beazer Homes Usa Inc)

Lender Statements; Survival of Indemnity. To the extent reasonably possiblepossible and upon the request of the Borrower, each Lender or Issuer shall designate an alternate Lending Installation with respect to its Eurodollar Rate Loans to the extent it would reduce any liability of the Borrower to such Lender or Issuer under Sections 4.013.1, 4.02 3.2 and 4.05 3.5 or to avoid the unavailability of Eurodollar Rate Loans Advances under Section 4.033.3, so long as such designation is not, in the reasonable judgment of such LenderLender or Issuer, disadvantageous to such LenderLender or Issuer. Each Lender or the Administrative Agent on its own behalf or on behalf of a Lender each Issuer, as applicable, shall deliver a written statement of such Lender or the Administrative Agent (as applicable) such Issuer to the Borrower (with a copy to the Administrative Agent) as to any amount due under Section 3.1, 3.2, 3.4 or 3.5 and containing the amount due, if any, under Sections 4.01, 4.02, 4.04 or 4.05other information contemplated by such Sections. Such written statement shall set forth in reasonable detail the calculations upon which such Lender or such Issuer determined such amount and shall be final, conclusive and binding on the Borrower in the absence of manifest error. Determination of amounts payable under such Sections in connection with a Eurodollar Rate Loan shall be calculated as though each Lender or the Administrative Agent (as applicable) funded its Eurodollar Rate 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 applicable to such Loan, whether in fact that is the case or not, and without regard to loss of margin. Unless otherwise provided herein, the amount specified in the written statement of any Lender or the Administrative Agent (as applicable) any Issuer shall be payable on demand after receipt by the Borrower of such written statement. The obligations of the Borrower under Sections 4.013.1, 4.023.2, 4.04 3.4 and 4.05 3.5 shall survive payment of the Obligations, termination of the Letters of Credit Obligations and termination of this Agreement.

Appears in 3 contracts

Samples: Credit Agreement (Great Plains Energy Inc), Credit Agreement (Great Plains Energy Inc), Credit Agreement (Great Plains Energy Inc)

Lender Statements; Survival of Indemnity. To the extent If reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Rate LIBOR Loans to reduce any liability of the Borrower to such Lender under Sections 4.01, 4.02 3.1 and 4.05 3.2 or to avoid the unavailability of Eurodollar Rate Loans a Type of Advance under Section 4.033.3, so long as such designation is not, in the reasonable judgment of such Lender, not disadvantageous to such Lender. Each Lender requiring compensation pursuant to Section 2.9(d) or to this Article III shall use its reasonable efforts to notify the Administrative Borrower and the Agent on its own behalf in writing of any Change, law, policy, rule, guideline or on behalf of a Lender shall deliver a written statement directive giving rise to such demand for compensation not later than thirty (30) days following the date upon which the responsible account officer of such Lender knows or the Administrative Agent (as applicable) should have known of such Change, law, policy, rule, guideline or directive. Any demand for compensation pursuant to the Borrower (with a copy to the Administrative Agent) as to this Article III shall be in writing and shall state the amount due, if any, under Sections 4.01Section 3.1, 4.02, 4.04 3.2 or 4.05. Such written statement 3.4 and shall set forth in reasonable detail the calculations upon which such Lender determined such amount and amount. Such written demand shall be final, conclusive and binding on the Borrower in the absence of manifest errorrebuttably presumed correct for all purposes. Determination of amounts payable under such Sections in connection with a Eurodollar Rate LIBOR Loan shall be calculated as though each Lender or the Administrative Agent (as applicable) funded its Eurodollar Rate LIBOR 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 LIBOR Loan applicable to such Loan, whether in fact that is the case or not, and without regard to loss of margin. Unless otherwise provided herein, the amount specified in the written statement of any Lender or the Administrative Agent (as applicable) shall be payable on demand after receipt by the Borrower of such written statement. The obligations of the Borrower under Sections 4.01Section 3.1, 4.02, 4.04 3.2 and 4.05 3.4 shall survive the payment of the Obligations, termination of the Letters of Credit Obligations and termination of this Agreement.

Appears in 3 contracts

Samples: Credit Agreement (Ipalco Enterprises Inc), Credit Agreement (Ipalco Enterprises, Inc.), Credit Agreement (Ipalco Enterprises Inc)

Lender Statements; Survival of Indemnity. To the extent If reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Rate Loans to reduce any liability of the Borrower to such Lender under Sections 4.01, 4.02 SECTIONS 4.1 and 4.05 4.2 or to avoid the unavailability of Eurodollar Rate Loans a Type of Advance under Section 4.03SECTION 4.3, so long as such designation is not, in the reasonable judgment of such Lender, not disadvantageous to such Lender. Each Lender requiring compensation pursuant to SECTION 2.12(E) or to this ARTICLE IV shall use its reasonable efforts to notify the Administrative Borrower and the Agent on its own behalf in writing of any Change, law, policy, rule, guideline or on behalf of a Lender shall deliver a written statement directive giving rise to such demand for compensation not later than ninety (90) days following the date upon which the responsible account officer of such Lender knows or should have known of such Change, law, policy, rule, guideline or directive; PROVIDED, HOWEVER, that the Administrative Agent (as applicable) failure to so notify the Borrower (with a copy shall not affect the Borrower's obligations under this SECTION 4.5. Any demand for compensation pursuant to the Administrative Agent) as to this ARTICLE IV shall be in writing and shall state the amount due, if any, under Sections 4.01SECTION 4.1, 4.02, 4.04 4.2 or 4.05. Such written statement 4.4 and shall set forth in reasonable detail the calculations upon which such Lender determined such amount and amount. Such written demand shall be final, conclusive and binding on the Borrower in the absence of manifest errorrebuttably presumed correct for all purposes. Determination of amounts payable under such Sections in connection with a Eurodollar Rate Loan shall be calculated as though each Lender or the Administrative Agent (as applicable) funded its Eurodollar Rate 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 applicable to such Loan, whether in fact that is the case or not, and without regard to loss of margin. Unless otherwise provided herein, the amount specified in the written statement of any Lender or the Administrative Agent (as applicable) shall be payable on demand after receipt by the Borrower of such written statement. The obligations of the Borrower under Sections 4.01SECTIONS 4.1, 4.02, 4.04 4.2 and 4.05 4.4 shall survive payment of the Obligations, termination of the Letters of Credit Obligations and termination of this Agreement.

Appears in 3 contracts

Samples: Credit Agreement (Metals Usa Inc), Credit Agreement (Landcare Usa Inc), Credit Agreement (Landcare Usa Inc)

Lender Statements; Survival of Indemnity. To the extent reasonably possiblepossible and upon the request of Borrower, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Rate Loans to reduce any liability of the Borrower to such Lender under Sections 4.013.1, 4.02 3.2 and 4.05 3.5 or to avoid the unavailability of Eurodollar Rate Loans Advances under Section 4.033.3, so long as such designation is not, in the reasonable judgment of such Lender, disadvantageous to such Lender. Each Lender or the Administrative Agent on its own behalf or on behalf of a Lender shall deliver a written statement of such Lender or the Administrative Agent (as applicable) to the Borrower (with a copy to the Administrative Agent) as to the amount due, if any, under Sections 4.01Section 3.1, 4.023.2, 4.04 3.4 or 4.053.5. 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 Borrower in the absence of manifest error. Determination of amounts payable under such Sections in connection with a Eurodollar Rate Loan shall be calculated as though each Lender or the Administrative Agent (as applicable) funded its Eurodollar Rate 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 applicable to such Loan, whether in fact that is the case or not, and without regard to loss of margin. Unless otherwise provided herein, the amount specified in the written statement of any Lender or the Administrative Agent (as applicable) shall be payable on demand after receipt by the Borrower of such written statement. The obligations of the Borrower under Sections 4.013.1, 4.023.2, 4.04 3.4 and 4.05 3.5 shall survive payment of the Obligations, termination of the Letters of Credit Obligations and termination of this Agreement.

Appears in 3 contracts

Samples: Credit Agreement (Vectren Corp), Assignment Agreement (Vectren Corp), Credit Agreement (Vectren Corp)

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Rate Loans to reduce any liability of the Borrower to such Lender under Sections 4.01‎4.01, 4.02 ‎4.02 and 4.05 ‎4.05 or to avoid the unavailability of Eurodollar Rate Loans under Section ‎Section 4.03, so long as such designation is not, in the reasonable judgment of such Lender, disadvantageous to such Lender. Each Lender or the Administrative Agent on its own behalf or on behalf of a Lender shall deliver a written statement of such Lender or the Administrative Agent (as applicable) to the Borrower (with a copy to the Administrative Agent) as to the amount due, if any, under Sections 4.01‎4.01, 4.02‎4.02, 4.04 ‎4.04 or 4.05‎4.05. 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 Borrower in the absence of manifest error. Determination of amounts payable under such Sections in connection with a Eurodollar Rate Loan shall be calculated as though each Lender or the Administrative Agent (as applicable) funded its Eurodollar Rate 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 applicable to such Loan, whether in fact that is the case or not, and without regard to loss of margin. Unless otherwise provided herein, the amount specified in the written statement of any Lender or the Administrative Agent (as applicable) shall be payable on demand after receipt by the Borrower of such written statement. The obligations of the Borrower under Sections 4.01‎4.01, 4.02‎4.02, 4.04 ‎4.04 and 4.05 ‎4.05 shall survive payment of the Obligations, termination of the Letters of Credit and termination of this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Energizer Holdings, Inc.), Credit Agreement (Energizer Holdings, Inc.)

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Rate Loans to reduce any liability of the Borrower to such Lender under Sections 4.01, 4.02 3.1 and 4.05 3.2 or to avoid the unavailability of Eurodollar Rate Loans a Type of Advance under Section 4.033.3, so long as such designation is not, in the reasonable judgment of such Lender, not disadvantageous to such LenderLender in its opinion. Each If any amount becomes due under Section 3.1, 3.2 or 3.4, each affected Lender or Issuer shall consult with the Administrative Agent on its own behalf or on behalf of a Lender Borrower as to how it intends to calculate the amount due and shall deliver a written statement of such Lender or the Administrative Agent (as applicable) to the Borrower (with a copy to the Administrative Agent) Issuer as to the amount due, if any, under Sections 4.01Section 3.1, 4.02, 4.04 3.2 or 4.053.4. Such written statement shall set forth in reasonable detail the basis for claiming such amount and calculations upon which such Lender or Issuer determined such amount and shall be final, conclusive and binding on the Borrower in the absence of manifest error; provided that the determination of such amount shall be made in good faith and in a manner consistent with such Lender's standard practice and that such Lender's policies as to imposing such increased costs are being applied with respect to customers similarly situated to Borrower with whom such Lender or Issuer has a contractual right to so charge such amounts. Determination of amounts payable under such Sections in connection with a Eurodollar Committed Loan, Eurodollar Bid Rate Loan or an Absolute Rate Loan shall be calculated as though each Lender or the Administrative Agent (as applicable) funded its Eurodollar Committed Loan, Eurodollar Bid Rate Loan or its Absolute Rate Loan, as the case may be, through the purchase of a deposit of the type Type and maturity corresponding to the deposit used as a reference in determining the Eurodollar Rate, Eurodollar Bid Rate or the Absolute Rate applicable to such Loan, whether in fact that is the case or not, and without regard to loss of margin. Unless otherwise provided herein, the amount specified in the written statement of any Lender or the Administrative Agent (as applicable) shall be payable on demand within ten (10) Business Days after receipt by the Borrower of such the written statement. The obligations of the Borrower under Sections 4.013.1, 4.02, 4.04 3.2 and 4.05 3.4 shall survive payment of the Obligations, termination of the Letters of Credit Obligations and termination of this Agreement.

Appears in 2 contracts

Samples: Assignment Agreement (Dynegy Inc), Credit Agreement (Dynegy Inc)

Lender Statements; Survival of Indemnity. To the extent reasonably ---------------------------------------- possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Rate Eurocurrency Loans to reduce any liability of the Subsidiary Borrower to such Lender under Sections 4.013.1, 4.02 3.3 and 4.05 3.4 or to avoid the unavailability of Eurodollar Rate Loans Eurocurrency Advances under Section 4.033.2, so long as such designation is not, in the reasonable judgment of such Lender, disadvantageous to such Lender. Each Lender or the Administrative Agent on its own behalf or on behalf of a Lender shall deliver a written statement of such Lender or the Administrative Agent (as applicable) to the Subsidiary Borrower (with a copy to the Administrative Agent) as to the amount due, if any, under Sections 4.01Section 3.1, 4.02, 4.04 3.3 or 4.053.4. 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 Subsidiary Borrower in the absence of manifest error. Determination of amounts payable under such Sections in connection with a Eurodollar Rate Eurocurrency Loan shall be calculated as though each Lender or the Administrative Agent (as applicable) funded its Eurodollar Rate Eurocurrency 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 applicable to such Subsidiary Borrower Loan, whether in fact that is the case or not, and without regard to loss of margin. Unless otherwise provided herein, the amount specified in the written statement of any Lender or the Administrative Agent (as applicable) shall be payable on demand after receipt by the Subsidiary Borrower of such written statement. The obligations of the Subsidiary Borrower under Sections 4.013.1, 4.02, 4.04 3.3 and 4.05 3.4 shall survive payment of the Obligations, termination of the Letters of Credit Subsidiary Borrower Obligations and termination of this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Qad Inc), Credit Agreement (Qad Inc)

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Rate Loans EurodollarTerm Benchmark Advances to reduce any liability of the Borrower to such Lender under Sections 4.013.1, 4.02 3.2 and 4.05 3.4 or to avoid the unavailability of Eurodollar Rate Loans EurodollarTerm Benchmark Advances under Section 4.033.3, so long as such designation is not, in the reasonable judgment of such Lender, disadvantageous to such Lender. Each Lender or the Administrative Agent on its own behalf or on behalf of a Lender shall deliver a written statement of such Lender or the Administrative Agent (as applicable) to the Borrower (with a copy to the Administrative Agent) as to the amount due, if any, under Sections 4.01Section 3.1, 4.02, 4.04 3.2 or 4.053.4. 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 Borrower in the absence of manifest error. Determination of amounts payable under such Sections in connection with a Eurodollar Rate Loan EurodollarTerm Benchmark Advance shall be calculated as though each Lender or the Administrative Agent (as applicable) funded its Eurodollar Rate Loan EurodollarTerm Benchmark Advance through the purchase of a deposit of the type and maturity corresponding to the deposit used as a reference in determining the Eurodollar EurodollarAdjusted Term SOFR Rate applicable to such Loan, whether in fact that is the case or not, and without regard to loss of margin. Unless otherwise provided herein, the amount specified in the written statement of any Lender or the Administrative Agent (as applicable) shall be payable on demand after receipt by the Borrower of such written statement. The obligations of the Borrower under Sections 4.013.1, 4.02, 4.04 3.2 and 4.05 3.4 shall survive payment of the Obligations, termination of the Letters of Credit Obligations and termination of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Superior Energy Services Inc)

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Eurocurrency Rate Loans to reduce any liability of the Borrower Borrowers to such Lender under Sections 4.014.1, 4.02 4.2, 4.5 and 4.05 4.8 or to avoid the unavailability of Eurodollar Eurocurrency Rate Loans Advances under Section 4.034.3, so long as such designation is not, in the reasonable judgment of such Lender, disadvantageous to such Lender. Each Lender or the Administrative Agent on its own behalf or on behalf of a Lender shall deliver a written statement of such Lender or the Administrative Agent (as applicable) to the Borrower Borrowers (with a copy to the Administrative Agent) as to the amount due, if any, under Sections 4.01Section 4.1, 4.024.2, 4.04 4.4, 4.5 or 4.054.8 as promptly as practicable but in any event within ninety (90) days after it obtains actual knowledge thereof. 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 prima facie evidence of the Borrower in the absence of manifest errorinformation set forth therein. Determination of amounts payable under such Sections in connection with a Eurodollar Eurocurrency Rate Loan shall be calculated as though each Lender or the Administrative Agent (as applicable) funded its Eurodollar Eurocurrency Rate Loan through the purchase of a deposit of the type and maturity corresponding to the deposit used as a reference in determining the Eurodollar Eurocurrency Rate applicable to such Loan, whether in fact that is the case or not, and without regard to loss of margin. Unless otherwise provided herein, the amount specified in the written statement of any Lender or the Administrative Agent (as applicable) shall be payable on demand after receipt by the Borrower Borrowers of such written statement. The obligations of the Borrower Borrowers under Sections 4.014.1, 4.024.2, 4.04 4.4, 4.5 and 4.05 4.8 shall survive payment of the Obligations, termination of the Letters of Credit and termination of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Catalina Marketing Corp/De)

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Rate Loans to reduce any liability of the Borrower to such Lender under Sections 4.01, 4.02 and 4.05 or to avoid the unavailability of Eurodollar Rate Loans under Section 4.03, so long as such designation is not, in the reasonable judgment of such Lender, disadvantageous to such Lender. Each Lender or the Administrative Agent on its own behalf or on behalf of a Lender shall deliver a written statement of such Lender or the Administrative Agent (as applicable) to the Borrower (with a copy to the Administrative Agent) as to the amount due, if any, under Sections 4.01, 4.02, 4.04 or 4.05. 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 Borrower in the absence of manifest error. Determination of amounts payable under such Sections in connection with a Eurodollar Rate Loan shall be calculated as though each Lender or the Administrative Agent (as applicable) funded its Eurodollar Rate 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 applicable to such Loan, whether in fact that is the case or not, and without regard to loss of margin. Unless otherwise provided herein, the amount specified in the written statement of any Lender or the Administrative Agent (as applicable) shall be payable on demand after receipt by the Borrower of such written statement. The obligations of the Borrower under Sections 4.01, 4.02, 4.04 and 4.05 shall survive payment of the Obligations, termination of the Letters of Credit and termination of this Agreement.. ARTICLE 5

Appears in 1 contract

Samples: Credit Agreement (Energizer Holdings, Inc.)

Lender Statements; Survival of Indemnity. To the extent reasonably ---------------------------------------- possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Rate Loans and/or Eurocurrency Loans to reduce any liability of the Borrower to such Lender under Sections 4.01, 4.02 3.1 and 4.05 3.2 or to avoid ------------ --- the unavailability of Eurodollar Rate Loans Advances and/or Eurocurrency Advances under Section 4.033.3, so long as such designation is not, in the reasonable judgment of such Lender, not disadvantageous to such LenderLender ----------- in its sole determination. Each Lender or the Administrative Agent on its own behalf or on behalf of a Lender shall deliver a written statement of such Lender or the Administrative Agent (as applicable) to the Borrower (with a copy to the Administrative Agent) as to the amount due, if any, under Sections 4.01Section 3.1, 4.02, 4.04 3.2 or 4.053.4. 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 Borrower in the absence of manifest error. Determination of amounts payable under such Sections in connection with a Eurodollar Rate Loan or a Eurocurrency Loan, as applicable, shall be calculated as though each Lender or the Administrative Agent (as applicable) funded its Eurodollar Rate Loan or Eurocurrency Loan, as applicable, 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 Eurocurrency Rate, as the case may be, applicable to such Loan, whether in fact that is the case or not, and without regard to loss of margin. Unless otherwise provided herein, the The amount specified in the written statement of any Lender or the Administrative Agent (as applicable) shall be payable on demand after receipt by the Borrower of such written statement. The obligations of the Borrower under Sections 4.013.1, 4.02, 4.04 3.2 and 4.05 ------------ --- 3.4 shall survive payment of the Obligations, termination of the Letters of Credit Obligations and termination of this Agreement.. ---

Appears in 1 contract

Samples: Assignment Agreement (Money Store Inc /Nj)

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Rate Loans to reduce any liability of the Borrower or an Additional Borrower, as the case may be, to such Lender under Sections 4.013.1, 4.02 3.2 and 4.05 3.5 or to avoid the unavailability of Eurodollar Rate Loans Advances under Section 4.033.3, so long as such designation is not, in the reasonable judgment of such Lender, disadvantageous to such Lender. Each Lender or the Administrative Agent on its own behalf or on behalf of a Lender shall deliver a written statement of such Lender or the Administrative Agent (as applicable) to the Borrower or an Additional Borrower, as the case may be, (with a copy to the Administrative Agent) as to the amount due, if any, under Sections 4.01Section 3.1, 4.023.2, 4.04 3.4 or 4.053.5. 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 rebuttable presumptive evidence of the Borrower in the absence of manifest erroramount thereof. Determination of amounts payable under such Sections in connection with a Eurodollar Rate Loan shall be calculated as though each Lender or the Administrative Agent (as applicable) funded its Eurodollar Rate Loan through the purchase of a deposit of the type and maturity corresponding to the deposit used as a reference in determining the Eurodollar Base Rate applicable to such Eurodollar Loan, whether in fact that is the case or not, and without regard to loss of margin. Unless otherwise provided herein, the amount specified in the written statement of any Lender or the Administrative Agent (as applicable) shall be payable on demand after receipt by the Borrower of such written statement. The obligations of the Borrower or an Additional Borrower, as the case may be, under Sections 4.013.1, 4.023.2, 4.04 3.4 and 4.05 3.5 shall survive payment of the Obligations, termination of the Letters of Credit Obligations and termination of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Southwestern Energy Co)

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each the Lender shall designate an alternate Lending Installation with respect to its Eurodollar Rate Loans to reduce any liability of the Borrower Borrowers to such the Lender under Sections 4.013.1, 4.02 3.2 and 4.05 3.5 or to avoid the unavailability of Eurodollar Rate Loans under Section 4.033.3, so long as such designation is not, in the reasonable judgment of such the Lender, disadvantageous to such the Lender. Each Lender or the Administrative Agent on its own behalf or on behalf of a The Lender shall deliver a its written statement of such Lender or the Administrative Agent (as applicable) to the Borrower (with a copy to the Administrative Agent) Representative as to the amount due, if any, under Sections 4.01Section 3.1, 4.023.2, 4.04 3.4 or 4.053.5. 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 Borrower Borrowers in the absence of manifest error. Determination of amounts payable under such Sections in connection with a Eurodollar Rate Loan shall be calculated as though each the Lender or funded the Administrative Agent (as applicable) funded its Eurodollar Rate 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 applicable to such Loan, whether in fact that is the case or not, and without regard to loss of margin. Unless otherwise provided herein, the amount specified in the written statement of any the Lender or (showing the Administrative Agent (as applicablecalculation of such amount in reasonable detail) shall be payable on demand after receipt by the Borrower Representative of such written statement. The obligations of the Borrower Borrowers under Sections 4.013.1, 4.023.2, 4.04 3.4 and 4.05 3.5 shall survive payment of the Obligations, termination of the Letters of Credit Obligations and termination of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Magnetek Inc)

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender Bank shall designate an alternate Lending Installation lending installation with respect to its Eurodollar Rate Loans LIBOR Advances to reduce any liability of the Borrower to such Lender Bank under Sections 4.01Section 2.10, 4.02 Section 2.11 and 4.05 Section 2.12, or to avoid the unavailability of Eurodollar Rate Loans LIBOR Advances under Section 4.032.13, so long as such designation is not, in the reasonable judgment of such LenderBank, disadvantageous to such LenderBank. Each Lender or the Administrative Agent on its own behalf or on behalf of a Lender Bank shall deliver a written statement of such Lender or the Administrative Agent (as applicable) to the Borrower (with a copy to the Administrative Agent) as to the amount due, if any, under Sections 4.01Section 2.10, 4.02Section 2.11, 4.04 or 4.05Section 2.12 and Section 2.14. Such written statement shall set forth in reasonable detail the calculations upon which such Lender Bank determined such amount and shall be final, conclusive and binding on the Borrower in the absence of manifest error. Determination of amounts payable under such Sections in connection with a Eurodollar Rate Loan LIBOR Advance shall be calculated as though each Lender or the Administrative Agent (as applicable) Bank funded its Eurodollar Rate Loan LIBOR Advance through the purchase of a deposit of the type and maturity corresponding to the deposit used as a reference in determining the Eurodollar Rate LIBOR applicable to such LoanLIBOR Advance, whether in fact that is the case or notnot as Bank may fund each of its LIBOR Advances in any manner it sees fit, and without regard to loss the foregoing assumption shall be utilized only for the calculation of marginamounts payable under this Section. Unless otherwise provided herein, the amount specified in the written statement of any Lender or the Administrative Agent (as applicable) Bank shall be payable on demand after receipt by the Borrower of such written statement. The obligations of the Borrower under Sections 4.01Section 2.10, 4.02Section 2.11, 4.04 Section 2.12 and 4.05 Section 2.14 shall survive payment of the Obligations, termination of the Letters of Credit Obligations and termination of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Amcast Industrial Corp)

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Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Rate Term Benchmark Loans to reduce any liability of the Borrower to such Lender under Sections 4.01, 4.02 and 4.05 or to avoid the unavailability of Eurodollar Rate Term Benchmark Loans under Section 4.03, so long as such designation is not, in the reasonable judgment of such Lender, disadvantageous to such Lender. Each Lender or the Administrative Agent on its own behalf or on behalf of a Lender shall deliver a written statement of such Lender or the Administrative Agent (as applicable) to the Borrower (with a copy to the Administrative Agent) as to the amount due, if any, under Sections 4.01, 4.02, 4.04 or 4.05. 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 Borrower in the absence of manifest error. Determination of amounts payable under such Sections in connection with a Eurodollar Rate Loan shall be calculated as though each Lender or the Administrative Agent (as applicable) funded its Eurodollar Rate 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 applicable to such Loan, whether in fact that is the case or not, and without regard to loss of margin. Unless otherwise provided herein, the amount specified in the written statement of any Lender or the Administrative Agent (as applicable) shall be payable on demand after receipt by the Borrower of such written statement. The obligations of the Borrower under Sections 4.01, 4.02, 4.04 and 4.05 shall survive payment of the Obligations, termination of the Letters of Credit and termination of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Energizer Holdings, Inc.)

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Rate Loans Advances to reduce any liability of the Borrower Company to such Lender under Sections 4.01, 4.02 and 4.05 Section 3.1 or to avoid the unavailability of Eurodollar a Rate Loans Option under Section 4.033.2, so long as such designation is not, in not to the reasonable judgment economic detriment of such Lender, disadvantageous to Lender and does not impose any increased regulatory burdens on such Lender. Each Lender or the Administrative Agent on its own behalf or on behalf of a Lender shall deliver to the Agent and the Company a written statement of such Lender or the Administrative Agent (as applicable) to the Borrower (with a copy to the Administrative Agent) as to the amount due, if any, under Sections 4.01, 4.02, 4.04 Section 3.1 or 4.053.3. 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 Borrower Company in the absence of manifest error. Determination of amounts payable under such Sections in connection with a Eurodollar Rate Loan Advance shall be calculated as though each Lender or the Administrative Agent (as applicable) funded its Eurodollar Rate related 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 applicable to such Loan, whether in fact that is the case or not, and without regard to loss of margin. Unless otherwise provided herein, the The amount specified in the written statement of any Lender or the Administrative Agent (as applicable) shall be payable on demand within 15 days after receipt by the Borrower Company of such the written statement. The obligations of the Borrower Company under Sections 4.01, 4.02, 4.04 3.1 and 4.05 3.3 shall survive payment of the Obligations, termination of the Letters of Credit Obligations and termination of this Agreement. In the event any Lender is affected by any of the events described in Section 3.1 or 3.2 the Company shall have the right, if no Default then exists, to repay in full all Credit Indebtedness owed to such Lender provided that the Company has, with the approval of the Agent (not to be unreasonably withheld), arranged to substitute a replacement lender for the full amount of such Lender's Commitment.

Appears in 1 contract

Samples: Revolving Credit Agreement (Source One Mortgage Services Corp)

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate LIBOR Lending Installation Office with respect to its Eurodollar LIBOR Rate Loans to reduce any liability of the Borrower to such Lender under Sections 4.013.3, 4.02 3.4 and 4.05 3.10 or to avoid the unavailability of Eurodollar LIBOR Rate Loans Advances under Section 4.033.5, so long as such designation is not, in the reasonable judgment of such Lender, disadvantageous to such Lender. Each Lender or the Administrative Agent on its own behalf or on behalf of a Lender shall deliver a written statement of such Lender or the Administrative Agent (as applicable) to the Borrower (with a copy to the Administrative Agent) as to the amount due, if any, under Sections 4.013.3, 4.023.4, 4.04 3.6 or 4.053.10. 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 Borrower in the absence of manifest error. Determination of amounts payable under such Sections in connection with a Eurodollar LIBOR Rate Loan shall be calculated as though each Lender or the Administrative Agent (as applicable) funded its Eurodollar LIBOR Rate Loan through the purchase of a deposit of the type and maturity corresponding to the deposit used as a reference in determining the Eurodollar LIBOR Rate applicable to such Loan, whether in fact that is the case or not, and without regard to loss of margin. Unless otherwise provided herein, the amount specified in the written statement of any Lender or the Administrative Agent (as applicable) shall be payable on demand after receipt by the Borrower of such written statement. The obligations of the Borrower under Sections 4.013.3, 4.023.4, 4.04 3.6 and 4.05 3.10 shall survive payment of the Obligations, termination of the Letters of Credit Obligations and termination of this Agreement.

Appears in 1 contract

Samples: And Interim Loan Agreement (Glimcher Realty Trust)

Lender Statements; Survival of Indemnity. To the extent reasonably -------------------------------------------- possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Rate Loans to reduce any liability of the Borrower to such Lender under Sections 4.014.1, 4.02 4.2 and 4.05 4.5 or to avoid the unavailability of ------------ --- --- Eurodollar Rate Loans Advances under Section 4.034.3, so long as such designation is not, ----------- in the reasonable judgment of such Lender, disadvantageous to such Lender. Each Lender or the Administrative Agent on its own behalf or on behalf of a Lender shall deliver a written statement of such Lender or the Administrative Agent (as applicable) to the Borrower (with a copy to the Administrative Agent) as to the amount due, if any, under Sections 4.01Section 4.1, 4.024.2, 4.04 4.4 or 4.054.5. 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 Borrower in the absence of manifest error. Determination of amounts payable under such Sections in connection with a Eurodollar Rate Loan shall be calculated as though each Lender or the Administrative Agent (as applicable) funded its Eurodollar Rate 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 applicable to such Loan, whether in fact that is the case or not, and without regard to loss of margin. Unless otherwise provided herein, the amount specified in the written statement of any Lender or the Administrative Agent (as applicable) shall be payable on demand after receipt by the Borrower of such written statement. The obligations of the Borrower under Sections 4.014.1, 4.024.2, 4.04 4.4 and 4.05 4.5 shall survive payment of ------------ --- --- --- the Obligations, termination of the Letters of Credit and termination of this Agreement.. ARTICLE V:

Appears in 1 contract

Samples: Year Revolving Credit Agreement (Energizer Holdings Inc)

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Rate Loans to reduce any liability of the Borrower to such Lender under Sections 4.01, 4.02 SECTIONS 3.1 and 4.05 3.2 or to avoid the unavailability of Eurodollar Rate Loans a Type of Advance under Section 4.03SECTION 3.3, so long as such designation is not, in the reasonable judgment of such Lender, not disadvantageous to such LenderLender in its reasonable determination. In determining the amounts payable under SECTIONS 3.1 and 3.2, each Lender shall use its reasonable efforts to make its allocations and computations, to the extent readily determinable, consistent with the allocations and computations applied generally by such Lender to other customers of similar size and credit quality and under similar circumstances. Each Lender Lender, LC Issuer or the Administrative Agent on its own behalf or on behalf of a Swing Loan Lender shall deliver a written statement of such Lender Lender, LC Issuer or Swing Loan Lender, as applicable to the Borrower and the Administrative Agent (as applicable) to the Borrower (with a copy to the Administrative Agent) as to the amount due, if any, under Sections 4.01SECTIONS 3.1, 4.02, 4.04 3.2 or 4.053.4. Such written statement shall set forth in reasonable detail the calculations upon which such Lender, LC Issuer or Swing Loan Lender determined such amount and shall be final, conclusive and binding on the Borrower in the absence of manifest error. Determination of amounts payable under such Sections in connection with a Eurodollar Rate Loan or Swing Loan shall be calculated as though each Lender or the Administrative Agent (as applicable) Swing Loan Lender funded its Eurodollar Rate Loan or Swing 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 Money Market Rate applicable to such Loan, whether in fact that is the case or not, and without regard to loss of margin. Unless otherwise provided herein, the amount specified in the written statement of any Lender or the Administrative Agent (as applicable) shall be payable on demand after receipt by the Borrower of such the written statement. The obligations of the Borrower under Sections 4.01SECTIONS 3.1, 4.02, 4.04 3.2 and 4.05 3.4 shall survive payment of the Obligations, termination of the Letters of Credit Obligations and termination of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (TJX Companies Inc /De/)

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Rate Term Benchmark Loans to reduce any liability of the Borrower to such Lender under Sections 4.01, 4.02 and 4.05 or to avoid the unavailability of Eurodollar Rate Term Benchmark Loans under Section 4.03, so long as such designation is not, in the reasonable judgment of such Lender, disadvantageous to such Lender. Each Lender or the Administrative Agent on its own behalf or on behalf of a Lender shall deliver a written statement of such Lender or the Administrative Agent (as applicable) to the Borrower (with a copy to the Administrative Agent) as to the amount due, if any, under Sections 4.01, 4.02, 4.04 or 4.05. 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 Borrower in the absence of manifest error. Determination of amounts payable under such Sections in connection with a Eurodollar Rate Loan shall be calculated as though each Lender or the Administrative Agent (as applicable) funded its Eurodollar Rate 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 applicable to such Loan, whether in fact that is the case or not, and without regard to loss of margin. Unless otherwise provided herein, the amount specified in the written statement of any Lender or the Administrative Agent (as applicable) shall be payable on demand after receipt by the Borrower of such written statement. The obligations of the Borrower under Sections 4.01, 4.02, 4.04 and 4.05 shall survive payment of the Obligations, termination of the Letters of Credit and termination of this Agreement.. ARTICLE 5

Appears in 1 contract

Samples: Credit Agreement (Energizer Holdings, Inc.)

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation Office with respect to its Eurodollar Rate Loans to reduce any liability of the Borrower Company to such Lender under Sections 4.01, 4.02 3.1 and 4.05 3.2 or to avoid the unavailability of Eurodollar Rate Loans a Type of Loan under Section 4.033.3, so long as such designation is not, in the reasonable judgment of such Lender, not disadvantageous to such LenderLender in any material respect. Each Lender or the Administrative Agent on its own behalf or on behalf of a Lender shall deliver a written statement of such Lender or the Administrative Agent (as applicable) to the Borrower Company (with a copy to the Administrative Agent) as to the amount due, if any, under Sections 4.01Section 3.1, 4.02, 4.04 3.2 or 4.053.4. Such written statement shall set forth in reasonable detail the calculations upon which such Lender determined such amount and shall state that amounts determined in accordance with such procedures are being charged by such Lender to other borrowers with credit facilities similar to this Agreement and credit characteristics comparable to the Company as determined by such Lender and shall be final, conclusive and binding on the Borrower Company in the absence of manifest error. Determination of amounts payable under such Sections sections in connection with a Eurodollar Rate Loan Loans shall be calculated as though each Lender or the Administrative Agent (as applicable) funded its Eurodollar Rate Loan such Loans through the purchase of a deposit of the type and maturity corresponding to the deposit used as a reference in determining the Eurodollar Rate interest rate applicable to such Loan, whether in fact that is the case or not, and without regard to loss of margin. Unless otherwise provided herein, the amount specified in the written statement of any Lender or the Administrative Agent (as applicable) shall be payable on demand after receipt by the Borrower Company of such written statement. The obligations of the Borrower Company under Sections 4.013.1, 4.023.2, 4.04 3.4 and 4.05 3.6 shall survive payment of the Obligations, termination of the Letters of Credit Obligations and termination of this Agreement. The Company shall have no obligation to compensate any Lender with respect to amounts provided in Section 3.1, 3.2, 3.4 or 3.6 with respect to any period prior to the date which is 120 days prior to the date such Lender delivers its written statement hereunder requesting compensation.

Appears in 1 contract

Samples: Credit Agreement (Meritor Automotive Inc)

Lender Statements; Survival of Indemnity. To the extent If reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Rate Loans to reduce any liability of the Borrower Borrowers to such Lender under Sections 4.01, 4.02 4.1 and 4.05 4.2 or to avoid the unavailability of Eurodollar Rate Loans a Type of Advance under Section 4.034.3, so long as such designation is not, in the reasonable judgment of such Lender, not disadvantageous to such Lender. Each Lender requiring compensation pursuant to Section 2.15(E) or to this Article IV shall use its reasonable efforts to notify the Administrative Borrower Representative and the Agent on its own behalf in writing of any Change, law, policy, rule, guideline or on behalf of a Lender shall deliver a written statement directive giving rise to such demand for compensation not later than thirty (30) days following the date upon which the responsible account officer of such Lender knows or the Administrative Agent (as applicable) should have known of such Change, law, policy, rule, guideline or directive. Any demand for compensation pursuant to the Borrower (with a copy to the Administrative Agent) as to this Article IV shall be in writing and shall state the amount due, if any, under Sections 4.01Section 4.1, 4.02, 4.04 4.2 or 4.05. Such written statement 4.4 and shall set forth in reasonable detail the calculations upon which such Lender determined such amount and provided that no Lender shall be final, conclusive and binding on entitled to compensation for periods prior to 90 days from the Borrower in the absence of manifest errordate written demand for compensation is made by such Lender hereunder. Such written demand shall be rebuttably presumed correct for all purposes. Determination of amounts payable under such Sections in connection with a Eurodollar Rate Loan shall be calculated as though each Lender or the Administrative Agent (as applicable) funded its Eurodollar Rate 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 applicable to such Loan, whether in fact that is the case or not, and without regard to loss of margin. Unless otherwise provided herein, the amount specified in the written statement of any Lender or the Administrative Agent (as applicable) shall be payable on demand after receipt by the Borrower of such written statement. The obligations of the Borrower Borrowers under Sections 4.014.1, 4.02, 4.04 4.2 and 4.05 4.4 shall survive payment of the Obligations, termination of the Letters of Credit Obligations and termination of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Finish Line Inc /In/)

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Rate Loans to reduce any liability of the Borrower to such Lender under Sections 4.014.1, 4.02 4.2 and 4.05 4.5 or to avoid the unavailability of Eurodollar Rate Loans Advances under Section 4.034.3, so long as such designation is not, in the reasonable judgment of such Lender, disadvantageous to such Lender. Each Lender or the Administrative Agent on its own behalf or on behalf of a Lender shall deliver a written statement of such Lender or the Administrative Agent (as applicable) to the Borrower (with a copy to the Administrative Agent) as to the amount due, if any, under Sections 4.01Section 4.1, 4.024.2, 4.04 4.4 or 4.054.5 as promptly as practicable but in any event within ninety (90) days after it obtains actual knowledge thereof. 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 prima facie evidence of the Borrower in the absence of manifest errorinformation set forth therein. Determination of amounts payable under such Sections in connection with a Eurodollar Rate Loan shall be calculated as though each Lender or the Administrative Agent (as applicable) funded its Eurodollar Rate 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 applicable to such Loan, whether in fact that is the case or not, and without regard to loss of margin. Unless otherwise provided herein, the amount specified in the written statement of any Lender or the Administrative Agent (as applicable) shall be payable on demand after receipt by the Borrower of such written statement. The obligations of the Borrower under Sections 4.014.1, 4.024.2, 4.04 4.4 and 4.05 4.5 shall survive payment of the Secured Obligations, termination of the Letters of Credit and termination of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Catalina Marketing Corp/De)

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Rate LIBOR Loans and shall take other measures in its discretion to reduce any liability of the Borrower Reimbursement Obligor to such Lender under Sections 4.01, 4.02 SECTIONS 4.1 and 4.05 4.2 or to avoid the unavailability of Eurodollar Rate Loans a Type of a LIBOR Advance under Section 4.03SECTION 4.3, so long as such designation or other measure is not, in the reasonable judgment of such Lender, not disadvantageous to such Lender. Each Lender or the Administrative Agent on its own behalf or on behalf of a Lender shall deliver a written statement of such Lender or to the Administrative Agent (as applicable) and to the Borrower (with a copy to the Administrative Agent) Reimbursement Obligor as to the amount due, if any, under Sections 4.01SECTIONS 4.1, 4.02, 4.04 4.2 or 4.054.4. 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 Borrower Reimbursement Obligor in the absence of manifest error. Determination of amounts payable under such Sections in connection with a Eurodollar Rate LIBOR Loan shall be calculated as though each Lender or the Administrative Agent (as applicable) funded its Eurodollar Rate LIBOR Loan through the purchase of a deposit of the type and maturity corresponding to the deposit used as a reference in determining the Eurodollar LIBOR Rate applicable to such Loan, whether in fact that is the case or not, and without regard to loss of margin. Unless otherwise provided herein, the amount specified in the written statement of any Lender or the Administrative Agent (as applicable) shall be payable on demand after receipt by the Borrower Reimbursement Obligor of such the written statement. The obligations of the Borrower Reimbursement Obligor under Sections 4.01SECTIONS 4.1, 4.02, 4.04 4.2 and 4.05 4.4 shall survive payment of the Obligations, termination of the Letters of Credit Obligations and termination of this AgreementAgreement for a period of one year.

Appears in 1 contract

Samples: Assignment Agreement (Centerpoint Properties Trust)

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