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 (including, without limitation, for negligence or any other category of liability whatsoever) incurred by the Facility Agent (otherwise than by reason of the Facility Agent’s gross negligence or wilful misconduct) (or, in the case of any cost, loss or liability pursuant to Clause 28.11 (Disruption to Payment Systems etc. notwithstanding the Facility Agent’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the Facility Agent in acting as Facility Agent under the Finance Documents (unless the Facility Agent has been reimbursed by the Borrower pursuant to a Finance Document).

Appears in 1 contract

Samples: Senior Term Facility Agreement (SemGroup Corp)

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Lenders’ indemnity to the Facility Agent. Each Lender shall (in proportion to its share of all the Loans and undrawn Commitments on the date of demand or, if there are no Loans outstanding on the date of demand, its share of the Total Commitments on the date of demand 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 (including, without limitation, for negligence or any other category of liability whatsoever) incurred by the Facility Agent (otherwise than by reason of the Facility Agent’s 's gross negligence or wilful misconduct) (or, in the case of any cost, loss or liability pursuant to Clause 28.11 (Disruption to Payment Systems etc. clause 22.2 notwithstanding the Facility Agent’s 's negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the Facility Agent Agent) in acting as Facility Agent under the Finance Documents (unless the Facility Agent has been reimbursed by the Borrower pursuant to a Finance Document).

Appears in 1 contract

Samples: Fundco Facility Agreement

Lenders’ indemnity to the Facility Agent. (a) Each Lender shall (in the proportion borne by its Commitment to its share of the Total Commitments or, if the Total Commitments are then zero, in such proportion immediately prior to its share the reduction of the Total Commitments immediately prior to their reduction to zero) indemnify the Facility Agent, within three five Business Days of demand, against any cost, loss or liability (including, without limitation, including for negligence or any other category of liability whatsoever) incurred by the Facility Agent (otherwise than by reason of the Facility Agent’s gross negligence or wilful misconduct) (or, in the case of any cost, loss or liability pursuant to Clause 28.11 31.11 (Disruption to Payment Systems payment systems etc. .) notwithstanding the Facility Agent’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the 157 fraud of the Facility Agent in acting as Facility Agent under the Finance Documents (Documents), unless the Facility Agent has been reimbursed by the Borrower a Transaction Obligor pursuant to a Finance Document)Document in respect of such cost, loss or liability.

Appears in 1 contract

Samples: Intercreditor Agreement (WuXi PharmaTech (Cayman) 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 (three) Business Days of demand, against any cost, loss or liability (including, without limitation, for negligence or any other category of liability whatsoever) incurred by the Facility Agent (otherwise than by reason of the Facility Agent’s gross negligence or wilful misconduct) (or, in the case of any cost, loss or liability pursuant to Clause 28.11 (Disruption to Payment Systems payment systems etc. .), notwithstanding the Facility Agent’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the Facility Agent Agent) in acting as Facility Agent under the Finance Documents (unless the Facility Agent has been reimbursed by the Borrower an Obligor pursuant to a Finance Document).

Appears in 1 contract

Samples: Gold Fields LTD

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Lenders’ indemnity to the Facility Agent. (a) Each Lender shall (in the proportion borne by its Commitment to its share of the Total Commitments or, if the Total Commitments are then zero, in such proportion immediately prior to its share the reduction of the Total Commitments immediately prior to their reduction to zero) indemnify the Facility Agent, within three five Business Days of demand, against any cost, loss or liability (including, without limitation, including for negligence or any other category of liability whatsoever) incurred by the Facility Agent (otherwise than by reason of the Facility Agent’s gross negligence or wilful misconduct) (or, in the case of any cost, loss or liability pursuant to Clause 28.11 31.11 (Disruption to Payment Systems payment systems etc. .) notwithstanding the Facility Agent’s negligence, gross negligence or any other category of liability whatsoever but not including any claim based on the fraud of the Facility Agent in acting as Facility Agent under the Finance Documents (Documents), unless the Facility Agent has been reimbursed by the Borrower a Transaction Obligor pursuant to a Finance Document)Document in respect of such cost, loss or liability.

Appears in 1 contract

Samples: Intercreditor Agreement (WuXi PharmaTech (Cayman) Inc.)

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