Nature of Reimbursement Obligations. Each Borrower and, to the extent set forth in Section 3.2.1, each Lender shall assume all risks of the acts, omission or misuse of any Letter of Credit by the beneficiary thereof. No Issuer or any Lender (except to the extent of its own gross negligence or willful misconduct as finally determined by a court of competent jurisdiction) shall be responsible for:
Appears in 6 contracts
Samples: Credit Agreement (Ingram Micro Inc), Credit Agreement (Ingram Micro Inc), Credit Agreement (Ingram Micro Inc)
Nature of Reimbursement Obligations. Each Borrower The Borrower, each other Obligor and, to the extent set forth in Section 3.2.12.6.1, each Lender shall assume all risks of the acts, omission omissions or misuse of any Letter of Credit by the beneficiary thereof. No Issuer or any Lender (except to the extent of its own gross negligence or willful misconduct (as finally determined by a court of competent jurisdictionjurisdiction in a final and non-appealable judgment) shall be responsible for:
Appears in 5 contracts
Samples: First Lien Exit Credit Agreement (Energy XXI Gulf Coast, Inc.), Credit Agreement (Energy Xxi (Bermuda) LTD), Lien Credit Agreement (Energy Xxi (Bermuda) LTD)
Nature of Reimbursement Obligations. Each Borrower The Borrowers, each other Obligor and, to the extent set forth in Section 3.2.12.7.1, each Revolving Lender shall assume all risks of the acts, omission omissions or misuse of any Letter of Credit by the beneficiary thereof. No Issuer or any Lender (except to the extent of its own gross negligence negligence, bad faith or willful misconduct as finally determined by a court of competent jurisdictionmisconduct) shall be responsible for:
Appears in 3 contracts
Samples: Credit Agreement (Ferro Corp), Pledge and Security Agreement (Ferro Corp), Credit Agreement (Ferro Corp)
Nature of Reimbursement Obligations. Each The Borrower and, to the extent set forth in Section 3.2.12.7.2, each Lender shall assume all risks of the acts, omission omissions or misuse of any Letter of Credit by the beneficiary thereof. No L/C Issuer or any Lender (except to the extent of its own gross negligence or willful misconduct as finally determined by a court of competent jurisdiction) shall be responsible for, nor shall any of the obligations of the Borrower or any Lender with respect to any Letter of Credit be affected by, any of the following:
Appears in 3 contracts
Samples: Credit Agreement (Wayfair Inc.), Credit Agreement (Wayfair Inc.), Credit Agreement (GrubHub Inc.)
Nature of Reimbursement Obligations. Each Borrower Borrower, each other Obligor and, to the extent set forth in Section 3.2.12.6.1 as to each Lender's participation interest in such Letter of Credit, each Lender shall assume all risks of the acts, omission omissions or misuse of any Letter of Credit by the beneficiary thereof. No The Issuer or any Lender (except to the extent of its own gross negligence negligence, lack of good faith or willful misconduct as finally determined by a court of competent jurisdictionmisconduct) shall not be responsible for:
Appears in 2 contracts
Samples: Credit Agreement (Winn Dixie Stores Inc), Credit Agreement (Winn Dixie Stores Inc)
Nature of Reimbursement Obligations. Each The Borrower and, to the extent set forth in Section 3.2.12.7.1, each Lender shall assume all risks of the acts, omission omissions or misuse of any Letter of Credit by the beneficiary thereof. No The Issuer or any Lender (except to the extent of its own gross negligence or willful misconduct as finally determined by a court of competent jurisdiction) shall not be responsible for:
Appears in 2 contracts
Samples: Credit Agreement (Carlisle Holdings LTD), Credit and Guaranty Agreement (Imo Industries Inc)
Nature of Reimbursement Obligations. Each Borrower and, to the extent set forth in Section 3.2.1, each Lender shall assume all risks of the acts, omission omissions or misuse of any Letter of Credit by the beneficiary thereof. No Issuer or any Lender (except to the extent of its own gross negligence or willful misconduct as finally determined by a court of competent jurisdictionmisconduct) shall not be responsible for:
Appears in 2 contracts
Samples: Credit and Reimbursement Agreement (Alliance Medical Corp), Credit Agreement (Matrixx Initiatives Inc)
Nature of Reimbursement Obligations. Each Borrower Borrower, each other Obligor and, to the extent set forth in Section 3.2.12.6.1, each Lender shall assume all risks of the acts, omission omissions or misuse of any Letter of Credit by the beneficiary thereof. No The Issuer or any Lender shall not be (except to the extent of its own gross negligence or willful misconduct as finally determined by a court of competent jurisdictionmisconduct) shall be responsible for:
Appears in 2 contracts
Samples: Credit Agreement (Kerzner International LTD), Credit Agreement (Kerzner International Employment Services LTD)
Nature of Reimbursement Obligations. Each Borrower Borrower, each other Obligor and, to the extent set forth in Section 3.2.12.6.1 hereof as to each Lender’s participation interest in such Letter of Credit, each Lender shall assume all risks of the acts, omission omissions or misuse of any Letter of Credit by the beneficiary thereof. No The Issuer or any Lender (except to the extent of its own gross negligence negligence, lack of good faith or willful misconduct as finally determined by a court of competent jurisdictionmisconduct) shall not be responsible for:
Appears in 2 contracts
Samples: Credit Agreement (Winn Dixie Stores Inc), Credit Agreement (Winn Dixie Stores Inc)
Nature of Reimbursement Obligations. Each The Borrower and, to the extent set forth in Section 3.2.12.8.1, each Lender shall assume all risks of the acts, omission omissions or misuse of any Letter of Credit by the beneficiary thereof. No The Issuer or any Lender (except to the extent of its own gross negligence or willful misconduct as finally determined by a court of competent jurisdictionwilful misconduct) shall not be responsible for:
Appears in 1 contract
Nature of Reimbursement Obligations. Each Borrower The Borrower, each other Obligor and, to the extent set forth in Section 3.2.12.6.1, each Lender shall assume all risks of the acts, omission omissions or misuse of any Letter of Credit by the beneficiary thereof. No Issuer or any Lender (except to the extent of its own gross negligence or willful misconduct (as finally determined by a court of competent jurisdictionjurisdiction in a final and non-appealable judgment)) shall be responsible for:
Appears in 1 contract
Samples: Credit Agreement (Dynamic Offshore Resources, Inc.)
Nature of Reimbursement Obligations. Each Borrower The Borrower, each other Obligor and, to the extent set forth in Section 3.2.12.6.1, each Lender shall assume all risks of the acts, omission omissions or misuse of any Letter of Credit by the beneficiary thereof. No Issuer or any Lender (except to the extent of its own gross negligence or willful misconduct as finally determined by a court of competent jurisdictionmisconduct) shall be responsible for:
Appears in 1 contract
Nature of Reimbursement Obligations. Each Borrower The Borrower, each other Obligor and, to the extent set forth in Section 3.2.12.6.1, each Revolving Lender shall assume all risks of the acts, omission omissions or misuse of any Letter of Credit by the beneficiary thereof. No Issuer or any Lender (except to the extent of its own gross negligence or willful misconduct as finally determined by a court of competent jurisdictionmisconduct) shall be responsible for:
Appears in 1 contract
Nature of Reimbursement Obligations. Each Borrower The Borrower, each other Obligor and, to the extent set forth in Section 3.2.12.6.1, each applicable Lender shall assume all risks of the acts, omission omissions or misuse of any Letter of Credit by the beneficiary thereof. No Issuer or any Lender (except to the extent of its own gross negligence negligence, bad faith or willful misconduct as finally determined by a court of competent jurisdictionmisconduct) shall be responsible for:
Appears in 1 contract
Nature of Reimbursement Obligations. Each Borrower and, to the extent set forth in Section 3.2.1, each Lender Borrowers shall assume all risks of the acts, omission omissions, or misuse of any Letter of Credit by the beneficiary thereof. No Issuer or any The Lender (except to the extent of its own gross negligence or willful misconduct as finally determined by a court of competent jurisdictionmisconduct) shall not be responsible for:
Appears in 1 contract
Samples: Credit Agreement (Akorn Inc)
Nature of Reimbursement Obligations. Each Borrower and, to the extent set forth in Section 3.2.1, each Lender shall assume all risks of the acts, omission omissions or misuse of any Letter of Credit by the beneficiary thereof. No Issuer or any Lender (except to the extent of its own gross negligence or willful misconduct as finally determined by a court of competent jurisdictionwilful misconduct) shall not be responsible for:
Appears in 1 contract
Nature of Reimbursement Obligations. Each Borrower and, to the extent set forth in Section 3.2.12.7.1, each Lender shall assume all risks of the acts, omission omissions or misuse of any Letter of Credit by the beneficiary thereof. No The Issuer or any Lender (except to the extent of its own gross negligence or willful misconduct as finally determined by a court of competent jurisdictionmisconduct) shall not be responsible for:
Appears in 1 contract
Samples: Multicurrency Credit Agreement (Dura Automotive Systems Inc)
Nature of Reimbursement Obligations. Each The Borrower and, to the extent set forth in Section 3.2.1, each Lender shall assume all risks of the acts, omission omissions, or misuse of any Letter of Credit by the beneficiary thereof. No Neither the Issuer or nor any Lender (except to the extent a court of its own competent jurisdiction holds in a final and non-appealable judgment that the payment with respect to a Letter of Credit by the Issuer in respect of which payment was made by such Lender constituted gross negligence or willful misconduct as finally determined by a court on the part of competent jurisdictionthe Issuer) shall be responsible for:
Appears in 1 contract
Nature of Reimbursement Obligations. Each The Borrower and, to ----------------------------------- the extent set forth in Section 3.2.12.6.1, each Lender shall assume all risks of the acts, omission omissions or misuse of any Letter of Credit by the beneficiary thereof. No The Issuer or any Lender (except to the extent of its own gross negligence or willful misconduct as finally determined by a court of competent jurisdictionwilful misconduct) shall not be responsible for:
Appears in 1 contract
Samples: Credit Agreement (Spiegel Inc)
Nature of Reimbursement Obligations. Each Borrower The Borrowers and, to the extent set forth in Section 3.2.12.7.2, each Lender shall assume all risks of the acts, omission omissions or misuse of any Letter of Credit by the beneficiary thereof. No Issuer or any Lender (except to the extent of its own gross negligence or willful misconduct as finally determined by a court of competent jurisdiction) shall be responsible for:
Appears in 1 contract
Samples: Security Agreement (Us Automotive Manufacturing Inc)
Nature of Reimbursement Obligations. Each The Borrower and, to the extent set forth in Section 3.2.12.8.1, each Lender shall assume all risks of the acts, omission omissions or misuse of any Letter of Credit by the beneficiary thereof. No The Issuer or any Lender (except to the extent of its own gross negligence or willful misconduct (as finally determined by a court of competent jurisdictionjurisdiction in a final and non-appealable decision)) shall not be responsible for:
Appears in 1 contract
Samples: Senior Unsecured Credit Agreement (Strategic Hotels & Resorts, Inc)
Nature of Reimbursement Obligations. Each Borrower Borrower, each other Obligor and, to the extent set forth in Section 3.2.12.6.1, each Lender shall assume all risks of the acts, omission omissions or misuse of any Letter of Credit by the beneficiary thereof. No The Issuer or any Lender (except to the extent of its own gross negligence or willful misconduct as finally determined by a court of competent jurisdictionmisconduct) shall not be responsible for:
Appears in 1 contract
Samples: Credit Agreement (United Surgical Partners International Inc)
Nature of Reimbursement Obligations. Each As between themselves and the Issuer, the Borrower, each Designated Borrower and, to the extent set forth in Section 3.2.12.6.1, each Lender shall assume all risks of the acts, omission omissions or misuse of any Letter of Credit by the beneficiary thereof. No Issuer or any Lender (The Issuer, except to the extent of its own gross negligence or willful misconduct as finally determined by a court of competent jurisdiction) jurisdiction in a final and non-appealable judgment, shall not be responsible for:
Appears in 1 contract
Nature of Reimbursement Obligations. Each The ----------------------------------- Borrower and, to the extent set forth in Section 3.2.12.8.1, each Lender shall assume all risks of the acts, omission omissions or misuse of any Letter of Credit by the beneficiary thereof. No None of the Issuer or nor any Lender other Agent-Related Person (except to the extent of its own gross negligence or willful misconduct as finally determined by a court of competent jurisdictionwilful misconduct) shall be responsible for:
Appears in 1 contract
Nature of Reimbursement Obligations. Each Borrower Borrower, each other Obligor and, to the extent set forth in Section 3.2.12.6.1, each Lender shall assume all risks of the acts, omission omissions or misuse of any Letter of Credit by the beneficiary thereof. No Neither the Issuer nor any of its officers or any Lender directors (except to the extent of its own gross negligence or willful misconduct misconduct, as finally determined by a court of competent jurisdictionjurisdiction in a final and non-appealable judgment) shall be responsible for:
Appears in 1 contract
Samples: First Lien Credit Agreement (Milagro Oil & Gas, Inc.)
Nature of Reimbursement Obligations. Each Borrower The Borrower, each other Obligor and, to the extent set forth in Section 3.2.12.6.1, each Lender shall assume all risks of the acts, omission omissions or misuse of any Letter of Credit by the beneficiary thereof. No Issuer or any Lender (except to the extent of its own gross negligence or willful misconduct as finally determined by a court of competent jurisdictionwilful misconduct) shall be responsible for:
Appears in 1 contract
Samples: Patent Security Agreement (United Surgical Partners International Inc)
Nature of Reimbursement Obligations. Each Borrower Borrower, ------------------------------------ each other Obligor and, to the extent set forth in Section 3.2.12.6.1, each Lender ------------- shall assume all risks of the acts, omission omissions or misuse of any Letter of Credit by the beneficiary thereof. No The Issuer or any Lender shall not be (except to the extent of its own gross negligence or willful misconduct as finally determined by a court of competent jurisdictionmisconduct) shall be responsible for:
Appears in 1 contract
Samples: Revolving Credit Agreement (Sun International North America Inc)
Nature of Reimbursement Obligations. Each Borrower Borrower, each other Obligor and, to the extent set forth in Section 3.2.12.6.1 as to each Lender’s participation interest in such Letter of Credit, each Lender shall assume all risks of the acts, omission omissions or misuse of any Letter of Credit by the beneficiary thereof. No The Issuer or any Lender (except to the extent of its own gross negligence negligence, lack of good faith or willful misconduct as finally determined by a court of competent jurisdictionmisconduct) shall not be responsible for:
Appears in 1 contract
Nature of Reimbursement Obligations. Each Borrower The Borrower, each other Obligor and, to the extent set forth in Section 3.2.12.6.1, each Lender shall assume all risks of the acts, omission omissions or misuse of any Letter of Credit by the beneficiary thereof. No Issuer or any Lender (The Issuer, except to the extent of its own gross negligence or willful misconduct as finally determined by a court of competent jurisdiction) jurisdiction in a final and non-appealable judgment, shall not be responsible for:
Appears in 1 contract
Nature of Reimbursement Obligations. Each Borrower and, to the extent set forth in Section 3.2.1, each Lender shall assume all risks of the acts, omission or misuse of any Letter of Credit by the beneficiary thereof. No Issuer or any Lender (except to the extent of Ixxxxx Micro/Credit Agreement its own gross negligence or willful misconduct as finally determined by a court of competent jurisdiction) shall be responsible for:
Appears in 1 contract
Samples: Credit Agreement (Ingram Micro Inc)