Common use of Non-Conforming Communications Clause in Contracts

Non-Conforming Communications. Agent and Lenders may rely upon any communications purportedly given by or on behalf of any Borrower even if they were not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmation. Each Borrower shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication purportedly given by or on behalf of a Borrower.

Appears in 36 contracts

Samples: Loan and Security Agreement (Chicago Atlantic Real Estate Finance, Inc.), Loan and Security Agreement (Chicago Atlantic Real Estate Finance, Inc.), First Lien Loan and Security Agreement (Duckhorn Portfolio, Inc.)

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Non-Conforming Communications. Agent and Lenders may rely upon any communications purportedly given by or on behalf of any Borrower Obligor even if they were not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmation. Each Borrower Obligor shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication purportedly given by or on behalf of a Borroweran Obligor.

Appears in 32 contracts

Samples: Loan, Guaranty and Security Agreement (Turtle Beach Corp), Loan, Security and Guaranty Agreement (Hyster-Yale Materials Handling, Inc.), Credit and Security Agreement (Titan International Inc)

Non-Conforming Communications. Agent and Lenders may rely upon any communications purportedly given by or on behalf of any Borrower Obligor even if they were not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmation. Each Borrower Obligor shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication purportedly given by or on behalf of a BorrowerObligor.

Appears in 12 contracts

Samples: Loan Agreement (Guess Inc), Loan Agreement (Guess Inc), Loan and Security Agreement (DXP Enterprises Inc)

Non-Conforming Communications. Agent and Lenders may rely upon any communications purportedly given by or on behalf of any Borrower Borrowers even if they were not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmation. Each Borrower Borrowers shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication purportedly given by or on behalf of a BorrowerBorrowers.

Appears in 8 contracts

Samples: Financing Agreement (Select Interior Concepts, Inc.), Financing Agreement (Select Interior Concepts, Inc.), Financing Agreement (Select Interior Concepts, Inc.)

Non-Conforming Communications. Agent Agents and Lenders may rely upon any communications purportedly given by or on behalf of any Borrower even if they were not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmation. Each Borrower shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication purportedly given by or on behalf of a Borrower.

Appears in 6 contracts

Samples: Loan Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Loan Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Loan Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)

Non-Conforming Communications. Administrative Agent and Lenders may rely upon any communications purportedly given by or on behalf of any Borrower or other Obligor even if they were not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmation. Each Borrower Obligor shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication purportedly given by or on behalf of a Borrowerany Obligor.

Appears in 5 contracts

Samples: Loan and Security Agreement (Par Pacific Holdings, Inc.), Loan and Security Agreement (CSI Compressco LP), Loan and Security Agreement (CSI Compressco LP)

Non-Conforming Communications. Administrative Agent and Lenders may rely upon any communications purportedly given by or on behalf of any Borrower even if they were not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmation. Each Borrower shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication purportedly given by or on behalf of a Borrower.

Appears in 4 contracts

Samples: Loan Agreement (Key Energy Services Inc), Loan Agreement (Key Energy Services Inc), Loan and Security Agreement (Key Energy Services Inc)

Non-Conforming Communications. Agent and Lenders may rely upon any communications purportedly given by or on behalf of any Borrower even if they were not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmation. Each Borrower shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication purportedly given by or on behalf of a Borrower.

Appears in 3 contracts

Samples: Loan and Security Agreement (Vizio Holding Corp.), Loan Agreement (School Specialty Inc), Loan Agreement (School Specialty Inc)

Non-Conforming Communications. Agent and Lenders may rely upon on any communications Communication purportedly given by or on behalf of any Borrower an Obligor even if they were it was not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a an earlier Communication or later confirmation. Each Borrower shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication Communication purportedly given by or on behalf of a Borrowerany Obligor.

Appears in 2 contracts

Samples: Loan and Security Agreement (Summit Midstream Partners, LP), Loan and Security Agreement (Summit Midstream Partners, LP)

Non-Conforming Communications. Agent and Lenders may rely upon on any communications Communication purportedly given by or on behalf of any Borrower an Obligor even if they were it was not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a an earlier Communication or later confirmation. Each Borrower shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication Communication purportedly given by or on behalf of a Borrowerany Obligor.

Appears in 2 contracts

Samples: Loan Agreement (BIG 5 SPORTING GOODS Corp), Loan, Guaranty and Security Agreement (SMART Global Holdings, Inc.)

Non-Conforming Communications. Agent and Lenders may rely upon any communications purportedly given by or on behalf of any Borrower Guarantor even if they were not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmation. Each Borrower Guarantor shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication purportedly given by or on behalf of a BorrowerGuarantor.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Amkor Technology, Inc.)

Non-Conforming Communications. Agent Agents and Lenders may rely upon any communications purportedly given by or on behalf of any Borrower even if they were not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmation. Each Borrower shall shall, jointly and severally, indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication purportedly given by or on behalf of a Borrower.

Appears in 1 contract

Samples: Loan Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)

Non-Conforming Communications. Agent Agents and Lenders may rely upon any communications purportedly given by or on behalf of any Borrower even if they were not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmation. Each Borrower shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication purportedly given by or on behalf of a BorrowerXxxxxxxx.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Core Scientific, Inc./Tx)

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Non-Conforming Communications. Agent and Lenders may rely upon any communications purportedly given by or on behalf of any Borrower even if they were not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmation. Each Borrower shall indemnify and hold harmless each Indemnitee (to the extent required by, and subject to the limitations in, Section 14.2) from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication purportedly given by or on behalf of a Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Habit Restaurants, Inc.)

Non-Conforming Communications. Agent and Lenders may rely upon any communications purportedly given by or on behalf of any Borrower even if they were not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmation. Each Borrower shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication purportedly reasonably determined by an Indemnitee to given by or on behalf of a Borrower.

Appears in 1 contract

Samples: Loan Agreement (Key Tronic Corp)

Non-Conforming Communications. Agent and Lenders may rely upon any communications purportedly given by or on behalf of any Borrower even if they were not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmation. Each Borrower shall indemnify and hold harmless each Indemnitee from any reasonable out-of-pocket and documented liabilities, losses, costs and expenses arising from any electronic or telephonic communication purportedly given by or on behalf of a BorrowerXxxxxxxx.

Appears in 1 contract

Samples: Loan Agreement (Chicago Atlantic Real Estate Finance, Inc.)

Non-Conforming Communications. Agent and Lenders may rely upon any communications purportedly given by or on behalf of any Borrower even if they were not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmation. Each Borrower shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication purportedly given by or on behalf of a Borrower.. ​

Appears in 1 contract

Samples: Loan and Security Agreement (Adara Acquisition Corp.)

Non-Conforming Communications. Agent and Lenders may rely upon any communications purportedly given by or on behalf of any the Borrower even if they were not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmation. Each The Borrower shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication purportedly given by or on behalf of a the Borrower.

Appears in 1 contract

Samples: Term Loan and Security Agreement (Key Energy Services Inc)

Non-Conforming Communications. Agent and Lenders may rely upon any communications Communication purportedly given by or on behalf of any Borrower Obligor even if they were it was not made in a manner specified herein, were was incomplete or were was not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmationan earlier Communication. Each Borrower Obligor shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication Communication purportedly given by or on behalf of a Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Seneca Foods Corp)

Non-Conforming Communications. Agent and Lenders may rely upon any communications purportedly given by or on behalf of any Borrower Obligors even if they were not made in a manner specified herein, were incomplete or were not confirmed, or if the terms thereof, as understood by the recipient, varied from a later confirmation. Each Borrower Obligor shall indemnify and hold harmless each Indemnitee from any liabilities, losses, costs and expenses arising from any electronic or telephonic communication purportedly given by or on behalf of a Borrowerany Obligor.

Appears in 1 contract

Samples: Loan and Security Agreement (Skechers Usa Inc)

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