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 Advances to reduce any liability of the Borrower to such Lender under Sections 3.1 and 3.2 or to avoid the unavailability of a Type of Advance under Section 3.3, so long as such designation is not disadvantageous to such Lender. Each Lender or Issuing Bank shall deliver a written statement of such Lender or Issuing Bank as to the amount due, if any, under Sections 3.1, 3.2 or 3.

Appears in 5 contracts

Samples: Credit Agreement (U S Home Corp /De/), Credit Agreement (U S Home Corp /De/), Credit Agreement (U S Home Corp /De/)

AutoNDA by SimpleDocs

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Advances Loans to reduce any liability of the Borrower to such Lender under Sections 3.1 and 3.2 or to avoid the unavailability of a Type of Advance under Section 3.3, so long as such designation is not disadvantageous to such Lender. Each Lender or Issuing Bank shall deliver a written statement of such Lender or Issuing Bank as to the amount due, if any, under Sections 3.1, 3.2 or 3.

Appears in 4 contracts

Samples: Term Loan Agreement (Banknorth Group Inc /New/ /De/), Term Loan Agreement (Banknorth Group Inc /New/ /De/), Credit Agreement (Kansas City Power & Light Co)

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Advances Loans to reduce any liability of the Borrower to such Lender under Sections 3.1 and 3.2 or to avoid the unavailability of a Type of Advance Eurodollar Advances under Section 3.3, so long as such designation is not disadvantageous to such LenderLender as determined by such Lender in its sole discretion. Each Lender or Issuing Bank shall deliver a written statement of such Lender or Issuing Bank as to the amount due, if any, under Sections Section 3.1, 3.2 or 3.

Appears in 3 contracts

Samples: Credit Agreement (FDX Corp), Credit Agreement (Fedex Corp), Credit Agreement (FDX Corp)

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Advances Loans to reduce any liability of the Borrower to such Lender under Sections 3.1 and 3.2 or to avoid the unavailability of a Type of Advance under Section 3.3, so long as such designation is not disadvantageous to such Lender. Each Lender or Issuing Bank shall deliver a written statement of such Lender or Issuing Bank to the Borrower (with a copy to the Agent) as to the amount due, if any, under Sections Section 3.1, 3.2 or 3.

Appears in 2 contracts

Samples: Credit Agreement (Luiginos Inc), Credit Agreement (Ralcorp Holdings Inc /Mo)

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Advances to reduce any liability of the Borrower to such Lender under Sections 3.1 and 3.2 or to avoid the unavailability of a Type of Advance under Section 3.3, so long as such designation is not disadvantageous to such Lender. Each Lender or Issuing Bank shall deliver a written statement of such Lender or Issuing Bank to the Borrower (with a copy to the Agent) as to the amount due, if any, under Sections 3.1, 3.2 or 3.

Appears in 2 contracts

Samples: Credit Agreement (Rawlings Sporting Goods Co Inc), Credit Agreement (SPX Corp)

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Advances Loans to reduce any liability of the Borrower to such Lender under Sections 3.1 3.1, 3.2 and 3.2 3.5 or to avoid the unavailability of a Type of Advance Eurodollar Advances under Section 3.3, so long as such designation is not not, in the good faith judgment of such Lender, disadvantageous to such Lender. Each Lender or Issuing Bank shall deliver a written statement of such Lender or Issuing Bank as to the amount due, if any, under Sections 3.1, 3.2 or 3.Borrower (with a

Appears in 2 contracts

Samples: Revolving Credit Agreement (Applebees International Inc), Revolving Credit Agreement (Applebees International Inc)

Lender Statements; Survival of Indemnity. To the extent ---------------------------------------- reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Advances Eurocurrency Loans to reduce any liability of the either Borrower to such Lender under Sections 3.1 and 3.2 or to avoid the ------------ --- unavailability of a Type of Advance under Section 3.3, so long as such ----------- designation is not disadvantageous to such Lender. Each Lender or Issuing Bank shall deliver to the applicable Borrower a written statement of such Lender or Issuing Bank as to the amount due, if any, under Sections 3.1, 3.2 or 3.

Appears in 2 contracts

Samples: Credit Agreement (Gardner Denver Inc), Credit Agreement (Gardner Denver Inc)

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Advances and Discount Loans to reduce any liability of the Borrower Company to such Lender under Sections Section 3.1 and 3.2 or to avoid the unavailability of a Type of Advance Rate Option under Section 3.33.2, so long as such designation is not disadvantageous to the economic detriment of such Lender and does not impose any increased regulatory burdens on such Lender. Each Lender or Issuing Bank shall deliver to the Agent and the Company a written statement of such Lender or Issuing Bank as to the amount due, if any, under Sections 3.1, 3.2 Section 3.1 or 3.

Appears in 2 contracts

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

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Advances Loans to reduce any liability of the Borrower to such Lender under Sections 3.1 and 3.2 or to avoid the unavailability of a Type of Advance under Section 3.3, so long as such designation is not disadvantageous to such Lender. Each Lender or Issuing Bank shall deliver to the Agent and the Borrower a written statement of such Lender or Issuing Bank as to the amount due, if any, under Sections 3.1, 3.2 or 3.

Appears in 2 contracts

Samples: Credit Agreement (Northland Cable Properties Four LTD Partnership), Credit Agreement (Northland Cable Television Inc)

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Advances to reduce any liability of the Borrower to such Lender under Sections 2.18, 3.1 and 3.2 or to avoid the unavailability of a Type of Advance under Section 3.3, so long as such designation is not disadvantageous to such Lender. Each Lender or Issuing Bank shall deliver a written statement of such Lender or Issuing Bank to the Borrower (with a copy to the Agent) as to the amount due, if any, under Sections Section 3.1, 3.2 or 3.

Appears in 2 contracts

Samples: Credit Agreement (Fund American Enterprises Holdings Inc), Credit Agreement (Fund American Enterprises 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 Advances Eurocurrency Loans to reduce any liability of the Borrower to such Lender under Sections 3.1 3.1, 3.2 and 3.2 3.5 or to avoid the unavailability of a Type of Advance Eurocurrency Advances under Section 3.3, so long as such designation is not disadvantageous to not, in the judgment of such Lender. Each Lender or Issuing Bank shall deliver a written statement of such Lender or Issuing Bank as to the amount due, if any, under Sections 3.1, 3.2 or 3.,

Appears in 1 contract

Samples: Credit Agreement (Modine Manufacturing Co)

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Advances to reduce any liability of the Borrower to such Lender under Sections 3.1 and 3.2 or to avoid the unavailability of a Type of Advance under Section 3.3, so long as such designation is not disadvantageous to such Lender. Each Lender or Issuing Bank shall deliver a written statement of such Lender or Issuing Bank to the Borrower (with a copy to the Agent) as to the amount due, if any, under Sections Section 3.1, 3.2 or 3.

Appears in 1 contract

Samples: Credit Agreement (American Country 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 Advances Loans to reduce any liability of the Borrower to such Lender under Sections Section 3.1 and or 3.2 or to avoid the unavailability of a Type of Advance Revolving Loan under Section 3.3, so long as such designation is not disadvantageous to such Lender. Each Lender or Issuing Bank shall deliver a written statement of such Lender or Issuing Bank as to the amount due, if any, under Sections Section 3.1, 3.2 or 3.

Appears in 1 contract

Samples: Credit Agreement (Brown Group Inc)

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Advances to reduce any liability of the Borrower Company to such Lender under Sections Section 3.1 and 3.2 or to avoid the unavailability of a Type of Advance Rate Option under Section 3.33.2, so long as such designation is not disadvantageous to the economic detriment of such Lender and does not impose any increased regulatory burdens on such Lender. Each Lender or Issuing Bank shall deliver to the Agent and the Company a written statement of such Lender or Issuing Bank as to the amount due, if any, under Sections 3.1, 3.2 Section 3.1 or 3.

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 Lending Installation with respect to its Eurodollar Advances Loans to reduce any liability of the Borrower to such Lender under Sections 3.1 3 .1 and 3.2 or to avoid the unavailability of a Type of Advance under Section 3.3, so long as such designation is not disadvantageous to such Lender. Each Lender or Issuing Bank shall deliver a written statement of such Lender or Issuing Bank to the Borrower (with a copy to the Administrative Agent) as to the amount due, if any, under Sections Section 3.1, 3.2 or 3.

Appears in 1 contract

Samples: Long Term Credit Agreement (TBC Corp)

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Advances to reduce any liability of the Borrower to such Lender under Sections 2.17, 3.1 and 3.2 or to avoid the unavailability of a Type of Advance under Section 3.3, so long as such designation is not disadvantageous to such Lender. Each Lender or Issuing Bank shall deliver a written statement of such Lender or Issuing Bank to the Borrower (with a copy to the Agent) as to the amount due, if any, under Sections Section 3.1, 3.2 or 3.

Appears in 1 contract

Samples: Credit Agreement (Fund American Enterprises 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 Advances Eurocurrency Loans to reduce any liability of the Borrower to such Lender under Sections 3.1 3.1, 3.2 and 3.2 3.5 or to avoid the unavailability of a Type of Advance Eurocurrency Advances under Section 3.3, so long as such designation is not not, in the judgment of such Lender, disadvantageous to such Lender. Each Lender or Issuing Bank shall deliver a written statement of such Lender or Issuing Bank as to the amount due, if any, under Sections 3.1, 3.2 or 3.Each

Appears in 1 contract

Samples: Credit Agreement (Kimball International Inc)

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Advances to reduce minimize any liability of the Borrower to such Lender under Sections 3.1 and 3.2 or to avoid the unavailability of a Type of Advance under Section 3.3, so long as such designation is not disadvantageous to such Lender. Each Lender or Issuing Bank shall deliver a written statement of such Lender or Issuing Bank to the Borrower (with a copy to the Agent) as to the amount due, if any, under Sections Section 3.1, 3.2 or 3.

Appears in 1 contract

Samples: Credit Agreement (Alleghany 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 Advances Loans and issuance or participation in Letters of Credit to reduce any liability of the Borrower to such Lender under Sections 3.1 3.1, 3.2 and 3.2 3.5 or to avoid the unavailability of a Type of Advance Eurodollar Advances under Section 3.3, so long as such designation is not not, in the judgment of such Lender, disadvantageous to such Lender. Each Lender or Issuing Bank The Borrower shall deliver not be required to compensate a written statement of such Lender or Issuing Bank as to the amount due, if any, under Sections 3.1, 3.2 or 3.Lender

Appears in 1 contract

Samples: Credit Agreement (Pinnacle West Capital Corp)

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Advances to reduce any liability of the Borrower to such Lender under Sections 3.1 and 3.2 or to avoid the unavailability of a Type of Advance under Section 3.3, so long as such designation is not disadvantageous to such Lender. Each Lender or Issuing Bank shall deliver a written statement of such Lender or Issuing Bank to the Borrower (with a copy to the Administrative Agent) as to the amount due, if any, under Sections Section 3.1, 3.2 or 3.

Appears in 1 contract

Samples: Credit Agreement (Green Tree Financial Corp)

AutoNDA by SimpleDocs

Lender Statements; Survival of Indemnity. To the extent ---------------------------------------- reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Advances Eurocurrency Loans to reduce any liability of the Borrower to such Lender under Sections 3.1 and 3.2 or to avoid the ------------ --- unavailability of a Type of Advance under Section 3.3, so long as such ----------- designation is not disadvantageous to such Lender. Each Lender or Issuing Bank shall deliver a written statement of such Lender or Issuing Bank as to the amount due, if any, under Sections 3.1, 3.2 or 3.not

Appears in 1 contract

Samples: Credit Agreement (Gardner Denver Inc)

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Advances Loans to reduce any liability of the Borrower to such Lender under Sections 3.1 and 3.2 or to avoid the unavailability of a Type of Advance under Section 3.3, so long as such designation is not disadvantageous to such Lender. Each Lender or Issuing Bank shall deliver a written statement of for such Lender or Issuing Bank as to the amount due, if any, under Sections Section 3.1, 3.2 or 3.

Appears in 1 contract

Samples: Credit Agreement (Jason Inc)

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Advances Loans to reduce any liability of the Borrower to such Lender under Sections 3.1 and 3.2 or to avoid the unavailability of a Type of Advance under Section 3.3, so long as such designation is not disadvantageous to such Lender. Each Lender or Issuing Bank shall deliver a written statement of such Lender or Issuing Bank as to the amount due, if any, under Sections 3.1, 3.2 or 3.a

Appears in 1 contract

Samples: Credit Agreement (Cna Surety Corp)

Lender Statements; Survival of Indemnity. To the extent ---------------------------------------- reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Advances Ratable Loans to reduce any liability of the Borrower to such Lender under Sections 3.1 3.1, 3.2 and 3.2 3.5 or to avoid the unavailability of a Type of Advance Eurodollar Ratable Advances under Section 3.3, so long as such designation is not disadvantageous to not, in the judgment of such Lender. Each Lender or Issuing Bank shall deliver a written statement of such Lender or Issuing Bank as to the amount due, if any, under Sections 3.1, 3.2 or 3.disadvantageous

Appears in 1 contract

Samples: Credit Agreement (Alliant Energy Corp)

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Advances Fixed Rate Loans to reduce any liability of the Borrower to such Lender under Sections 2.18, 3.1 and 3.2 or to avoid the unavailability of a Type of Advance Eurodollar Advances under Section 3.3, so long as such designation is not disadvantageous to such Lender. Each Lender or Issuing Bank shall deliver a written statement of such Lender or Issuing Bank as to the amount due, if any, under Sections 3.1, 3.2 or 3.Section

Appears in 1 contract

Samples: Credit Agreement (Aar Corp)

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Advances Loans to reduce any liability of the Borrower to such Lender under Sections 3.1 3.1, 3.2 and 3.2 3.5 or to avoid the unavailability of a Type of Advance Eurodollar Advances under Section 3.3, so long as such designation is not disadvantageous to not, in the judgment of such Lender. Each Lender or Issuing Bank shall deliver a written statement of such Lender or Issuing Bank as to the amount due, if any, under Sections 3.1, 3.2 or 3.,

Appears in 1 contract

Samples: Credit Agreement (Clark/Bardes 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 Advances Loans to reduce any liability of the Borrower to such Lender under Sections 3.1 and 3.2 or to avoid the unavailability of a Type of Eurodollar Advance under Section 3.3, so long as such designation is not disadvantageous to such Lender in such Lender's sole and absolute discretion. Each Lender or Issuing Bank shall deliver a written statement of such Lender or Issuing Bank as to the amount due, if any, under Sections Section 3.1, 3.2 or 3.

Appears in 1 contract

Samples: Credit Agreement (Pronet 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 Advances Loans to reduce any liability of the Borrower Borrowers to such Lender under Sections 3.1 3.1, 3.2 and 3.2 3.5 or to avoid the unavailability of a Type of Advance Eurodollar Advances under Section 3.3, so long as such designation is not disadvantageous to not, in the judgment of such Lender. Each Lender or Issuing Bank shall deliver a written statement of such Lender or Issuing Bank as to the amount due, if any, under Sections 3.1, 3.2 or 3.,

Appears in 1 contract

Samples: Credit Agreement (Kaydon Corp)

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Advances Loans to reduce any liability of the Borrower to such Lender under Sections 3.1 3.1, 3.2 and 3.2 3.5 or to avoid the unavailability of a Type of Advance Eurodollar Advances under Section 3.3, so long as such designation is not not, in the judgment of such Lender, disadvantageous to such Lender. Each Lender or Issuing Bank shall deliver a written statement of such Lender or Issuing Bank as to the amount due, if any, under Sections 3.1, 3.2 or 3.Borrower (with a copy to the

Appears in 1 contract

Samples: Credit Agreement (Petroquest Energy Inc)

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each the Lender shall designate an alternate Lending Installation with respect to its Eurodollar Advances Loans to reduce any liability of the Borrower Borrowers to such the Lender under Sections 3.1 3.1, 3.2 and 3.2 3.5 or to avoid the unavailability of a Type of Advance Eurodollar Advances under Section 3.3, so long as such designation is not not, in the judgment of the Lender, disadvantageous to such the Lender. Each The Lender or Issuing Bank shall deliver a written statement of such the Lender or Issuing Bank to the Borrowers as to the amount due, if any, under Sections Section 3.1, 3.2 3.2, 3.4 or 3.

Appears in 1 contract

Samples: Credit Facility and Security Agreement (Goodman Conveyor Co)

Lender Statements; Survival of Indemnity. To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Advances Loans to reduce any liability of the Borrower to such Lender under Sections 3.1 and 3.2 or to avoid the unavailability of a Type of Advance under Section 3.3, so long as such designation is not disadvantageous to such Lender, as determined in its sole discretion. Each Lender or Issuing Bank shall deliver a written statement of such Lender or Issuing Bank as to the amount due, if any, under Sections Section 3.1, 3.2 or 3.

Appears in 1 contract

Samples: Credit Agreement (Alleghany 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 Advances Loans to reduce any liability of the Borrower to such Lender under Sections 3.1 and 3.2 or to avoid the unavailability of a Type of Advance under Section 3.3, so long as such designation is not disadvantageous to such Lender. Each Lender or Issuing Bank shall deliver to the Borrower and the Agent a written statement of such Lender or Issuing Bank as to the amount due, if any, under Sections 3.1, 3.2 or 3.

Appears in 1 contract

Samples: Credit Agreement (Pp&l Resources Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!