Common use of Lenders’ indemnity to the Facility Agent Clause in Contracts

Lenders’ indemnity to the Facility Agent. Each Lender shall (in proportion to its share of the Total Commitments or, if the Total Commitments are then zero, to its share of the Total Commitments immediately prior to their reduction to zero) indemnify the Facility Agent, within three Business Days of demand, against any cost, loss or liability incurred by the Facility Agent (otherwise than by reason of the Facility Agent’s gross negligence or wilful misconduct) in acting as Facility Agent under the Finance Documents (unless the Facility Agent has been reimbursed by an Obligor pursuant to a Finance Document).

Appears in 14 contracts

Samples: And Restatement Agreement (Liberty Global PLC), And Restatement Agreement (Liberty Global PLC), Amendment and Restatement Agreement (Liberty Global PLC)

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Lenders’ indemnity to the Facility Agent. Each Lender shall (in proportion to its share of the Total Commitments or, if the Total Commitments are then zero, to its share of the Total Commitments immediately prior to their reduction to zero) indemnify the Facility Agent, within three (3) Business Days of demand, against any cost, loss or liability incurred by the Facility Agent (otherwise than by reason of the Facility Agent’s gross negligence or wilful misconductmisconduct of the Facility Agent) in acting as Facility Agent under the Finance Documents (unless the Facility Agent has been reimbursed by an Obligor the Borrower pursuant to a Finance Document).

Appears in 4 contracts

Samples: Facility Agreement (PT Indosat TBK), Facility Agreement (PT Indosat TBK), Facility Agreement (PT Indosat TBK)

Lenders’ indemnity to the Facility Agent. Each Lender shall (in proportion to its share of the Total Commitments or, if the Total Commitments are then zero, to its share of the Total Commitments immediately prior to their reduction to zero) indemnify the Facility Agent, within three (3) Business Days of demand, against any cost, loss or liability incurred by the Facility Agent (otherwise than by reason of the Facility Agent’s 's gross negligence or wilful misconduct) in acting as Facility Agent under the Finance Documents (unless the Facility Agent has been reimbursed by an Obligor the Borrower pursuant to a Finance Document).

Appears in 2 contracts

Samples: Amendment and Restatement Agreement (Visteon Corp), Senior Facilities Agreement (Net 1 Ueps Technologies Inc)

Lenders’ indemnity to the Facility Agent. Each Lender shall (in proportion to its share of the Total Commitments or, if the Total Commitments are then zero, to its share of the Total Commitments immediately prior to their reduction to zero) indemnify the Facility Agent, within three Business Days of demand, against any cost, loss or liability incurred by the Facility Agent (otherwise than by reason of the Facility Agent’s gross negligence or wilful misconduct) in acting as Facility Agent under the Finance Documents (unless the Facility Agent has been reimbursed by an Obligor the Borrower pursuant to a Finance Document).

Appears in 2 contracts

Samples: Facility Agreement (Cemex Sab De Cv), Facility Agreement (PT Indosat TBK)

Lenders’ indemnity to the Facility Agent. Each Lender shall (in proportion to its share of the Total Commitments or, if the Total Commitments are then zero, to its share of the Total Commitments immediately prior to their reduction to zero) indemnify the Facility Agent, within three (3) Business Days of demand, against any cost, loss or liability incurred by the Facility Agent (otherwise than by reason of the Facility Agent’s gross negligence or wilful misconduct) in acting as Facility Agent under the Finance Documents (unless the Facility Agent has been reimbursed by an Obligor pursuant to a Finance Document).

Appears in 2 contracts

Samples: Syndicated Facility Agreement (Equinix Inc), Facility Agreement (Equinix Inc)

Lenders’ indemnity to the Facility Agent. Each Lender shall (in proportion to its share of the Total total Commitments or, if the Total total Commitments are then zero, to its share of the Total total Commitments immediately prior to their reduction to zero) indemnify the Facility Agent, within three (3) Business Days of demand, against any cost, loss or liability incurred by the Facility Agent (otherwise than by reason of the Facility Agent’s gross negligence or wilful misconduct) in acting as Facility Agent under the Finance Operative Documents (unless the Facility Agent has been reimbursed by an Obligor the Borrower pursuant to a Finance an Operative Document).

Appears in 2 contracts

Samples: Loan Assignment Agreement (Intrepid Aviation LTD), Credit Agreement (Intrepid Aviation LTD)

Lenders’ indemnity to the Facility Agent. 27.11.1 Each Lender shall (in proportion to its share of the Total Commitments or, if the Total Commitments are then zero, to its share of the Total Commitments immediately prior to their reduction to zero) indemnify the Facility Agent, within three Business Days of demand, against any cost, loss or liability incurred by the Facility Agent (otherwise than by reason of the Facility Agent’s 's gross negligence or wilful misconduct) in acting as Facility Agent under the Finance Documents (unless the Facility Agent has been reimbursed by an Obligor pursuant to a Finance Document).

Appears in 2 contracts

Samples: Facilities Agreement (Lesaka Technologies Inc), GBF Agreement (Net 1 Ueps Technologies Inc)

Lenders’ indemnity to the Facility Agent. Each Lender shall (in proportion to its share of the Total Commitments or, if the Total Commitments are then zero, to its share of the Total Commitments immediately prior to their reduction to zero) indemnify the Facility Agent, within three (3) Business Days of demand, against any cost, loss or liability incurred by the Facility Agent (otherwise than by reason of the Facility Agent’s gross negligence or wilful misconduct) in acting as Facility Agent under the Finance Documents (unless the Facility Agent has been reimbursed by an Obligor pursuant to a Finance Document).

Appears in 1 contract

Samples: Facility Agreement (Lamb Weston Holdings, Inc.)

Lenders’ indemnity to the Facility Agent. Each Lender shall (in proportion to its share of the Total Commitments Facilities or, if the Total Commitments Facilities are then zero, to its share of the Total Commitments Facilities immediately prior to their its reduction to zero) indemnify the Facility Agent, within three 3 (three) Business Days of demand, against any cost, loss or liability incurred by the Facility Agent (otherwise than by reason of the Facility Agent’s 's gross negligence or wilful misconduct) in acting as Facility Agent under the Finance Documents (unless the Facility Agent has been reimbursed by an Obligor pursuant to a Finance Document).

Appears in 1 contract

Samples: Harmony Gold Mining Co LTD

Lenders’ indemnity to the Facility Agent. Each Lender shall (in proportion to its share of the Total Commitments or, if the Total Commitments are then zero, to its share of the Total Commitments immediately prior to their reduction to zero) indemnify the Facility Agent, within three (3) Business Days of demand, against any fees, remuneration, cost, loss or liability incurred by the Facility Agent (otherwise than by reason of the Facility Agent’s 's gross negligence or wilful misconduct) in acting as Facility Agent under the Finance Documents (unless the Facility Agent has been reimbursed by an Obligor the Borrower pursuant to a Finance Document).

Appears in 1 contract

Samples: Agreement (Micron Technology Inc)

Lenders’ indemnity to the Facility Agent. 150 Each Lender shall (in proportion to its share of the Total Commitments or, if the Total Commitments are then zero, to its share of the Total Commitments immediately prior to their reduction to zero) indemnify the Facility Agent, within three Business Days of demand, against any cost, loss or liability incurred by the Facility Agent (otherwise than by reason of the Facility Agent’s gross negligence or wilful misconduct) in acting as Facility Agent under the Finance Documents (unless the Facility Agent has been reimbursed by an Obligor pursuant to a Finance Document).

Appears in 1 contract

Samples: Restatement Agreement (Liberty Global PLC)

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Lenders’ indemnity to the Facility Agent. Each Lender shall (in proportion to its share of the Total Commitments or, if the Total Commitments are then zero, to its share of the Total Commitments immediately prior to their reduction to zero) indemnify the Facility Agent, within three (3) Business Days of demand, against any cost, loss or liability incurred by the Facility Agent (otherwise than by reason of the Facility Agent’s gross negligence or wilful misconduct) in acting as Facility Agent under the Finance Facility Documents (unless the Facility Agent has been reimbursed by an Obligor pursuant to a Finance Facility Document).

Appears in 1 contract

Samples: Agreement (Genesis Lease LTD)

Lenders’ indemnity to the Facility Agent. Each Lender shall (in proportion to its share of the Total Commitments or, if the Total Commitments are then zero, to its share of the Total Commitments immediately prior to their reduction to zero) indemnify the Facility Agent, Agent within three Business Days of demand, against any cost, loss or liability incurred by the Facility Agent Agent, (otherwise than by reason of the Facility Agent’s gross negligence or wilful misconduct) in acting as Facility Agent under the Finance Documents (unless the Facility Agent has been reimbursed by an Obligor the Borrower pursuant to a Finance Document).

Appears in 1 contract

Samples: Agreement (Commercial Metals Co)

Lenders’ indemnity to the Facility Agent. Each Lender shall (in proportion to its share of the Total Commitments Facility or, if the Total Commitments are Facility is then zero, to its share of the Total Commitments Facility immediately prior to their its reduction to zero) indemnify the Facility Agent, within three Business Days of demand, against any cost, loss or liability incurred by the Facility Agent (otherwise than by reason of the Facility Agent’s 's gross negligence or wilful misconduct) in acting as Facility Agent under the Finance Documents (unless the Facility Agent has been reimbursed by an Obligor pursuant to a Finance Document).

Appears in 1 contract

Samples: Harmony Gold Mining Co LTD

Lenders’ indemnity to the Facility Agent. (a) Each Lender shall (in proportion to its share of the Total Commitments or, if the Total Commitments are then zero, to its share of the Total Commitments immediately prior to their reduction to zero) indemnify the Facility Agent, within three Business Days of demand, against any cost, loss or liability incurred by the Facility Agent (otherwise than by reason of the Facility Agent’s gross negligence or wilful misconduct) in acting as Facility Agent under the Finance Documents (unless the Facility Agent has been reimbursed by an Obligor pursuant to a Finance Document).

Appears in 1 contract

Samples: Facility Agreement (Global Ship Lease, Inc.)

Lenders’ indemnity to the Facility Agent. (a) Each Lender shall (in proportion to its share of the Total Commitments or, if the Total Commitments are then zero, to its share of the Total Commitments immediately prior to their reduction to zero) indemnify the Facility Agent, within three Business Days of demand, against any cost, loss or liability incurred by the Facility Agent (otherwise than by reason of the Facility Agent’s gross negligence or wilful misconduct) in acting as Facility Agent under the Finance Documents (unless the Facility Agent has been reimbursed by an Obligor pursuant to a Finance Document).

Appears in 1 contract

Samples: Facility Agreement (Global Ship Lease, Inc.)

Lenders’ indemnity to the Facility Agent. Each Lender shall (in proportion to its share of the Total Commitments or, if the Total Commitments are then zero, to its share of the Total Commitments immediately prior to their reduction to zero) indemnify the Facility Agent, within three Business Days of demand, against any cost, loss or liability incurred by the Facility Agent (otherwise than by reason of the Facility Agent’s bad faith, gross negligence or wilful misconduct) in acting as Facility Agent under the Finance Documents (unless the Facility Agent has been reimbursed by an Obligor pursuant to a Finance Document).

Appears in 1 contract

Samples: Senior Facilities Agreement (Yell Finance Bv)

Lenders’ indemnity to the Facility Agent. Each Lender shall (in proportion to its share of the Total Commitments or, if the Total Commitments are then zero, to its share of the Total Commitments immediately prior to their reduction to zero) indemnify the Facility Agent, within three Business Days of demand, against any documented and reasonable cost, loss or liability incurred by the Facility Agent (otherwise than by reason of the Facility Agent’s gross negligence or wilful misconduct) in acting as Facility Agent under the Finance Documents (unless the Facility Agent has been reimbursed by an any Obligor pursuant to a Finance Document).

Appears in 1 contract

Samples: Agreement (Central European Distribution Corp)

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