Lenders’ indemnity to the Agent. (a) Subject to paragraph (b) below, each Lender shall (in proportion to its Available Commitments and participations in the Loans then outstanding to the Available Facilities and all the Loans then outstanding) indemnify the Agent, within three Business Days of demand, against any cost, loss or liability incurred by the Agent (otherwise than by reason of the Agent’s gross negligence or wilful misconduct) in acting as Agent under the Finance Documents (unless the Agent has been reimbursed by an Obligor pursuant to a Finance Document). (b) If the Available Facilities are then zero, each Lender’s indemnity in paragraph (a) above shall be in proportion to its Available Commitments to the Available Facilities immediately prior to their reduction to zero, unless there are then any Loans outstanding in which case it shall be in proportion to its participations in the Loans then outstanding to all the Loans then outstanding.
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Samples: Facility Agreement (Las Vegas Sands Corp), Second Amendment and Restatement Agreement (Las Vegas Sands Corp), Facility Agreement (Las Vegas Sands Corp)
Lenders’ indemnity to the Agent. (a) Subject to paragraph (b) below, each Lender shall (in proportion to its Available Commitments and participations in the Loans Utilisations then outstanding to the Available Facilities and all the Loans Utilisations then outstanding) indemnify the Agent, within three Business Days of demand, against any cost, loss or liability incurred by the Agent (otherwise than by reason of the Agent’s its gross negligence or wilful misconduct) in acting as Agent under the Finance Documents (unless the Agent it has been reimbursed by an Obligor pursuant to a Finance Document).
(b) If the Available Facilities are then zero, zero each Lender’s 's indemnity in under paragraph (a) above shall be in proportion to its Available Commitments to the Available Facilities immediately prior to their reduction to zero, unless there are then any Loans Utilisations outstanding in which case it shall be in proportion to its participations in the Loans Utilisations then outstanding to all the Loans Utilisations then outstanding.
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Lenders’ indemnity to the Agent. (a) Subject to paragraph (b) below, each Lender shall (in proportion to its Available Commitments and participations in the Loans then outstanding to the Available Facilities and all the Loans then outstanding) indemnify the Agent, within three Business Days of demand, against any cost, loss or liability incurred by the Agent (otherwise than by reason of the Agent’s its gross negligence or wilful misconduct) in acting as Agent under the Finance Documents (unless the Agent it has been reimbursed by an Obligor the Borrower pursuant to a Finance Document).
(b) If the Available Facilities are then zero, zero each Lender’s indemnity in under paragraph (a) above shall be in proportion to its Available Commitments to the Available Facilities immediately prior to their reduction to zero, unless there are then any Loans outstanding in which case it shall be in proportion to its participations in the Loans then outstanding to all the Loans then outstanding.
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Lenders’ indemnity to the Agent. (a) Subject to paragraph (b) below, each Lender shall (in proportion to its Available Commitments and participations in the Loans Utilisations then outstanding to the Available Facilities and all the Loans Utilisations then outstanding) indemnify the Agent, within three Business Days of demand, against any cost, loss or liability incurred by the Agent (otherwise than by reason of the Agent’s its gross negligence or wilful misconduct) in acting as Agent under the Finance Documents (unless the Agent it has been reimbursed by an Obligor Obligor, HoldCo or the Sponsor pursuant to a Finance Document).
(b) If the Available Facilities are then zero, zero each Lender’s indemnity in under paragraph (a) above shall be in proportion to its Available Commitments to the Available Facilities immediately prior to their reduction to zero, unless there are then any Loans Utilisations outstanding in which case it shall be in proportion to its participations in the Loans Utilisations then outstanding to all the Loans Utilisations then outstanding.
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Lenders’ indemnity to the Agent. (a) Subject to paragraph (b) below, each Lender shall (in proportion to its Available Commitments Commitment and participations in the Loans then outstanding to the Available Facilities Facility and all the Loans then outstanding) indemnify the Agent, within three (3) Business Days of demand, against any cost, loss or liability incurred by the Agent (otherwise than by reason of the Agent’s gross negligence or wilful misconduct) in acting as Agent under the Finance Documents (unless the Agent has been reimbursed by an Obligor pursuant to a Finance Document).
(b) If the Available Facilities Facility are then zero, zero each Lender’s indemnity in under paragraph (a) above shall be in proportion to its Available Commitments Commitment to the Available Facilities Facility immediately prior to their its reduction to zero, unless there are then any Loans outstanding in which case it shall be in proportion to its participations in the Loans then outstanding to all the Loans then outstanding.
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Samples: Term Facility Agreement (Tongjitang Chinese Medicines Co)
Lenders’ indemnity to the Agent. (a) Subject to paragraph (b) below, each Lender shall (in proportion to its Available Commitments and participations in the Loans then outstanding to the Available Facilities and all the Loans then outstanding) indemnify the Agent, within three Business Days of demand, against any cost, loss or liability incurred by the Agent (otherwise than by reason of the Agent’s 's gross negligence or wilful misconduct) in acting as Agent under the Finance Documents (unless the Agent has been reimbursed by an Obligor pursuant to a Finance Document).
(b) If the Available Facilities are then zero, zero each Lender’s 's indemnity in under paragraph (a) above shall be in proportion to its Available Commitments to the Available Facilities immediately prior to their reduction to zero, unless there are then any Loans outstanding in which case it shall be in proportion to its participations in the Loans then outstanding to all the Loans then outstanding.
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